What is Mediation?

Mediation is a voluntary process. The aim of the process is to reach and agreed amicable settlement/agreement between the parties. This will be achieved with the guidance of a Clear ADR Civil & Commercial Accredited Mediator. Our mediators are also legal professionals and therefore have a wide knowledge of the legal proceedings related to these matters.

The whole process is carried out on a without prejudice & confidential basis, which means that nothing that is discussed during the session can be repeated outside the mediation, or relied upon in Court or other legal and litigation proceedings.

Our Mediators

Our Mediators are fully accredited mediators regulated by the Civil Mediators Council. They are legally qualified in multiple areas of law giving them a wide knowledge of the matters and the outcomes at Court. They aim to guide you to an amicable settlement but they cannot advise you on what to do. If you wish to bring your legal representative to mediation with you for legal advice you can.

The process is non-binding until the point that an agreement is reached, formalised in a written document, and signed by both parties. At this point the agreement becomes legally binding.

Unlike in a Court of Law, there is no Rule of Evidence. That means that parties can discuss with the mediator anything they feel is relevant to the matter.

What is the role of a Mediator?

Your mediator is not a judge, it is their job to guide the discussion to a solution. They are independent and unbiased. Your mediator will not make a judgement, form a view on the matter or impose a decision upon you. The aim of the mediator is to gather all the relevant information, hear both parties views and narrow the issues in order to help the parties to reach an agreement.

What is the process of a Mediation?

The mediation usually takes place over the course of one day, although in some matters this time scale may be reduced.

The day will usually begin with both parties together reading a pre-prepared position statement to ensure that both parties are aware of the others concerns. The parties will then split off into individual rooms, the mediator will then hold a series of individual meetings with each party in order to narrow the issues and reach a settlement.

All individual meetings are confidential, nothing that the party tells the mediator will be repeated to the other party without explicit permission.

Once a settlement is reached a Heads of Terms is drafted to formalise the agreement, which is then signed by both parties who both receive a copy. At this point the agreement becomes legally binding.

Why Mediate?

  • You could save money by avoiding ongoing legal costs;
  • You could get a quicker resolution, rather than waiting for an outcome at Court;
    It is often better to resolve the dispute as amicably as possible especialy if you want to keep a relationship going – for example – a family business, the other party operates in the same local area as you, you work together, you have children together or it is a relationship with a neighbour;
  • If it is a business matter, mediation can help to avoid negative publicity; and
  • Mediation gives you control of the outcome and avoid the risk of the court case not ending in your favour

We have locations around England including Farnham, London, St Albans, Bristol, Nottingham, Manchester and the Isle of Wight.  We are here to help.