Mediation is a form of Alternative Dispute Resolution (ADR).

As described by the Civil Mediation Council:

“Mediation is a confidential process that gives parties control over the outcome. Mediators might provide participants with information about what the law says in particular circumstance or options available to parties, but they do so from a neutral perspective with no interest in the outcome of the dispute and cannot impose a solution.

In civil and commercial mediation, offers can be made without influencing what happens if the dispute is eventually resolved in court (known as offers made ‘without prejudice’) which can enable participants to try to reach a settlement without compromising their position.”

My Approach

My overarching aim is to use my long experience, attuned listening skills and calm approach to take the heat out of the dispute and help the parties discover their common ground. This will usually lead to a solution that all parties can accept and over a long future.

Parties are usually part-way through a dispute when they consider mediation. Thus they usually, but not necessarily, have legal representatives who accompany the parties in the mediation. The process is flexible and is designed to work with, or without legal representation for the parties. However, it is always a good idea on the day, to have access to someone legally qualified who is available to draw up a final settlement agreement, as this is not part of the mediator’s role.

I apply a process known as facilitative mediation. Mediators who use this approach do not evaluate the rights and wrongs of the case or direct the parties to a particular settlement (so-called “evaluative mediation”), but rather they facilitate the conversation and guide the participants towards an outcome of their own. Facilitative mediators ensure that every participant has the opportunity to express themselves, and will work with each party to explore all the issues in dispute. Whilst I may help parties reality-test a position and help parties think about what happens next if mediation does not settle, I will not evaluate the strengths of a particular argument or seek to impose a solution, or the solution of the other party. Throughout the process, the participants themselves remain in control of what is discussed and how the conflict will be resolved. The mediator’s sole interest is helping the participants to find their own resolution to their dispute.

In facilitative mediation, any decision-making is left to those involved, and the mediator has no decision-making authority. This is based on the belief that the people involved in the situation have the best understanding of what they need for themselves and from each other. Facilitative mediation helps parties in conflict make their own decisions. This usually results in more engagement with the settlement agreement and less conflict after the mediation, than after court proceedings. The mediator offers a structured process for the parties to discover mutually satisfactory solutions. A good mediation should result in win-win for the parties by expanding the issues that are considered and settled, beyond the typical, narrow focus of arguments ready for trial.

To get started, contact me directly, or via my clerking service.