What is civil mediation?

Civil Mediation is a way of settling disputes in a less adversarial manner than can be achieved through solicitors and the Court process. Mediation encourages both parties to negotiate a settlement, which means each moving away from their current positions in the hope that some acceptable compromise can be reached. When settlement is reached ‘Heads of Agreement’ are drawn up – or if solicitors are in attendance they can write up a Court Order or formal Agreement that is then signed by both parties.

Sometimes parties will choose mediation early in their dispute, and may mean that positions have not yet been polarised nor have large legal bills built up. This is often a good time to mediate because parties have the most to gain.

Mediation is now frequently ordered by the Court as a way to compromise settlement. When this does happen it is because the Court really feels that the parties themselves should be able to sort things out and the onus is on them to try a resolve the issues. There is usually still a substantial costs saving as the final hearing has yet to take place.

It is also the only way in which both parties can have their say and remain in control of the proceedings. Going to Court at this stage is usually very much a ‘win or loose’ gamble which one or both parties may feel they do not wish to take.