What is mediation?

Mediation is a process that invites the parties to be creative, collaborative and responsible for solutions. It is future focused and less concerned with deciding who is right or wrong than with solving problems so they don’t occur again. Mediation is:

  • Voluntary

  • Confidential

  • Without prejudice

  • Non-binding (up until the point of agreement)

 The mediator is neutral and impartial.

 

What should those attending a mediation session expect?

By agreeing to come to mediation, you have taken an important step toward resolving your dispute. The goal of the mediation is to reach an agreement that all participants find reasonable and in their best interests.

What happens in a mediation session?

Each party will get a chance to talk about your situation without any interruption. Then there will be an open discussion, and the mediator will help you decide what the important issues are. If you reach an agreement, it will be written down. Each party will sign and receive a copy.

How much time will it take?

Each mediation session is different. Some might be completed in half a day; others might take the whole day or longer. The mediator will give you an indication of how much time to schedule. The objective is always to achieve settlement in one session where possible.

Is the meeting confidential?

Yes. Mediators will keep everything that you say confidential, unless they have your permission to share the information. At the beginning of the mediation you will be asked to sign the mediation agreement. It also reminds you that mediators cannot give you legal advice or judgment.

Who will be there?

Normally the mediation is attended by a lead mediator. In employment mediation cases, parties are often accompanied by a lawyer or trade union representative. In workplace mediation cases, parties usually attend unaccompanied.

Is mediation only suitable for certain disputes?

Mediation often proves a useful way to get dialogue going. We would recommend that mediation principles be engaged at the earliest opportunity, whatever the dispute. However, for cases such as gross misconduct or where there are concerns about a person’s mental health, mediation may not be suitable. Please speak to a mediation provider for more information.

What are the normal steps in mediation?

Taking a dispute to mediation involves:

  • The mediation commissioner briefs a mediation service provider

  • Pre-mediation discussions take place

  • The mediation agreement is signed

  • The mediation meeting takes place

  • A written agreement outlines the terms for the settlement or continuing efforts to settle the dispute – if at the end of the mediation meeting the parties have not settled the dispute, the mediator remains available to help.

What happens if a party does not wish to settle?

No party is compelled to settle in the course of mediation. Indeed, the mediation agreement will provide that until a settlement agreement is signed by all parties, no binding settlement has been achieved.

How much does it cost?

Please speak to the mediation services provider about costs. In workplace mediation cases, the cost is usually born 100% by the organisation. In employment mediation cases the fees are usually split 50:50.

What does a CMC Registered Workplace Provider have to do to be on this site?

To be registered a mediation provider has to meet the criteria set out elsewhere on this site - and pay the due fee (£250 to register, £50 per annum thereafter).  The information is checked by the Registrar in a process that is taken very seriously.  

Provided the information is correct and complete, given under a signed statement of truth, and the insurance is valid, then the registration will be allowed.  

Registration therefore shows that there are certain minimum criteria that have been certified under a statement of truth by an organisation willing to pay a fee - and that the CMC accepts that all appears to be in order.  It is important to note, however, that it does not guarantee that the right mediator will be available and all users should check with the provider to ensure that the provider meets their requirements.

 

Who do I speak to if I have further questions about mediation?

If you have further questions, please speak to a mediation services provider or contact the CMC Registrar on 0207 353 3227 or by email at registrar@civilmediation.org