The Civil Mediation Council provides a useful guide on the reasons for mediating and what to expect during mediation.
Also, the UK Ministry of Justice provides details about civil mediation and explains in more detail how it interacts with the British legal system.
My Approach
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”). Instead, they facilitate the conversation and guide the participants towards an outcome of their own. If appropriate, I may also apply transformative techniques which seek to uncover the parties’ underlying needs.
I ensure that every participant has the opportunity to be heard 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. My sole interest is to help the participants find their own resolution to their dispute.
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 mediation offers a structured process for the parties to discover mutually satisfactory solutions.
A good mediation should result in a win-win for the parties by expanding the issues that are considered and settled, beyond the typical, narrow focus of arguments ready for trial.