What sort of disputes is mediation suitable for?

Mediation is the process of resolving a dispute through the intervention of a ‘neutral’ third party. Mediation can be used in many fields, and is used with the goal of settling conflict between parties without resorting to the application of the law and the costly and time-consuming process of arguing a case in court.

Mediation is commonly used within families facing divorce or separation, especially where residence or contact with children is a cause of conflict. Mediators do not give legal advice but do provide the neutral environment in which all options can be considered, confidentially, with the aim of arriving at a lasting agreement.

Disputes and arguments between individuals can arise in many circumstances, and specially trained mediators usually specialise in different fields including:

Workplace mediation – internal or external mediators are called in voluntarily, often to help in situations where grievance procedures are being pursued, e.g. allegations of bullying and harassment, liability for injury or disease, etc
Neighbourhood and community mediation – boundary disputes, overhanging trees, noise, animals and pets, etc
Commercial mediation – usually involves disputes where one party feels it is owed compensation by another party because of non-delivery of goods, breach of agreed terms and conditions of a transaction, etc
Families and individuals may choose mediation when resolving arguments over wills and probate

Sometimes mediators are brought in to handle negotiations and discussions not between individuals but between groups who have a shared interest in resolving a case against a company, organisation or even the government. This may occur, for example, in cases of industrial disease or injury when workers throughout an industry believe a company or government was responsible for the harm done to them through their work.

Mediators must be specially trained in the fields in which they operate and should adhere to codes of practice and conduct. This applies whether or not the mediators are ‘external’ or operate in-house within an organisation or company.

The mediation process does not prejudice any further action that may take place as the result of conflict; for example, mediators cannot be called as witnesses in court cases. Parties to mediation can receive legal advice from a solicitor throughout the process of mediation; however solicitors are not allowed to participate in or attend the mediation sessions.

If you would like to obtain advice on mediation then Contact Law can put you in touch with a local dispute resolution / mediation solicitor free of charge. So, if you have any questions or would like our help in finding dispute resolution / mediation lawyers please call us at 0800 1777 162 or complete the web-form above.