Mediation Explained

Mediation is a voluntary informal process where both the parties have control over the outcome. Mediators are totally impartial which means that they will facilitate the mediation whilst maintaining a neutral role – neither party will be forced into an agreement. The process is entirely confidential and so is the outcome, which can be drawn up as a legal document or remain as a signed up informal agreement.

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The beauty of mediation is that it is flexible and follows a number of simple steps that have been derived based on the experience of a number of mediation pioneers. Following these steps will mean that the mediation will have an 80% chance of success and generally take just a few hours of everybody’s time.

Step 1:

The parties agree to mediate and we will allocate a mediator.

Step 2:

The mediator will arrange the date and time with both parties and agree whether online or  telephone conference is the best approach.

Step 3:

The mediator will make contact with each party separately and go through the issues that they consider important as well as discussing the ‘Agreement to Mediate’ document which outlines the ground rules so that everybody is clear on what to expect. They will then request a brief written statement/position paper summarising the key items around the case, this will allow them to be fully briefed prior to the mediation.

Step 4:

The day of the mediation. The mediator will explain their role and check that both parties have authority to settle the dispute. They will then ask for open statements from each party.

Step 5:

Using the conference call software or online platform, both parties and the mediator have the flexibility to speak together in a ‘conference room’ or to spend time in a private ‘side room’ .  The mediator will identify, probe and explore solutions with each party. They will use their facilitation experience to maintain a positive environment to ensure that momentum is maintained throughout the sessions.

The private sessions allows for one party to continue working towards a solution whilst the mediator is meeting the other party. This maintains focus and saves time.

Step 6:

Once an agreement has been reached that is acceptable to both parties, the mediator convenes a joint closing session where a settlement is drafted. The verbal agreement can be voice recorded and can be provided to both parties.

If both parties in dispute have agreed to mediate and you wish to book an appointment please email admin@small-claims-mediation.co.uk

 


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Small Claims Mediation (UK) Ltd is a company registered in England and Wales under company number 08400025.

Business address: PO Box 10352, Oakham, Rutland LE15 0SY

Contact 0800 1670700

Small Claims Mediation (UK) Ltd’s VAT registration number is 160177231