Mediation is a flexible, voluntary and confidential form of alternative dispute resolution (ADR), in which a neutral third party assists parties to work towards a negotiated settlement.

Mediation can be used in almost any kind of case, from small claims through to complex high value multi-track disputes and appeals. Parties attending mediation retain control of the decision on whether or not to settle and on what terms. That control is taken away once a dispute is in the hands of the Court.

Our approach

Mediation provides an entirely confidential forum in which the parties can gain a better understanding of each other’s positions and explore options for resolution.

The Civil Procedure Rules which govern the ways in which claims are dealt with, are clear that “litigation should be a last resort” and “parties should consider whether negotiation might enable them to settle their dispute without commencing proceedings.”

“If proceedings are issued, the parties may be required by the court to provide evidence that ADR has been considered. A party’s silence in response to an invitation to participate or a refusal to participate in ADR might be considered unreasonable by the court and could lead to the court ordering that party to pay additional court costs.”

We are therefore committed to assisting parties comply with these rules by providing accredited mediators and experts in dispute resolution.

The mediation process

During the mediation, the mediator meets privately with each party to discuss the problem confidentially.

The entire mediation process is without privilege. The without prejudice rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interests of the party which made them.

This allows each party to be frank with the mediator, without fear that any discussions will be communicated to other parties. The confidentiality of the mediation process can avoid issues being made public that the parties want to keep private, as might happen in court proceedings.

Our promise on costs

We do not consider the costs of mediation should be a barrier to settlement.

We therefore provide our services on a sliding scale based on various factors, such as the number of parties or the size and nature of the dispute.

To arrange an initial no obligation discussion with one of our experts, please contact us on mediation@childandchild.co.uk or by calling 0207 235 8000.