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The mediation process

What Happens During Mediation?

Mediation is a process where an impartial mediator helps people in dispute communicate, discuss their concerns and explore possible solutions. Here is what to expect at each stage.

The four steps

  1. Getting in Touch

    You contact Concord Mediation with a brief outline of your enquiry.

    We'll discuss whether mediation may be suitable and what the next steps could involve.

  2. Getting Ready

    If everyone agrees to participate and mediation is appropriate, we'll discuss the process, practical arrangements and the agreement to mediate.

  3. The Conversation

    During mediation, everyone has an opportunity to explain their perspective, discuss the issues and explore possible solutions.

    Some discussions may take place together, while others may happen separately, depending on the circumstances.

  4. Finding a Way Forward

    If an agreement is reached, the parties can consider how to record it and whether independent legal advice is needed.

    Not every mediation ends in agreement. Sometimes the process itself helps people better understand the issues or narrow down their differences.

The principles behind mediation

Voluntary

Mediation is generally voluntary. The mediator cannot force anyone to agree to a settlement.

Impartial

The mediator does not take sides and does not decide who is right or wrong.

Confidential

Mediation is generally confidential, although there are legal exceptions. The confidentiality arrangements will be explained before mediation begins.

Your decision

The parties remain in control of whether they reach an agreement.

Not legal advice

The mediator does not act as a legal adviser to either party. Parties may wish to obtain independent legal advice at any stage.

Frequently asked questions

What exactly is mediation?

Mediation is a process where an impartial mediator helps people in dispute communicate, discuss their concerns and explore possible solutions.

The mediator doesn't decide who's right or wrong, and the parties remain in control of whether they reach an agreement.

Is mediation the same as going to court?

No. In court, a judge determines the legal dispute. In mediation, the parties have an opportunity to work towards their own agreement with the help of an impartial mediator.

Is mediation confidential?

Mediation is generally confidential, although there are legal exceptions. The confidentiality arrangements will be explained before mediation begins.

What happens if we can't agree?

An agreement isn't guaranteed. If mediation doesn't resolve the dispute, the parties may still have other options available to them, including legal proceedings where appropriate.

Can I have my solicitor involved?

Legal advisers can be involved where appropriate and agreed as part of the arrangements. Parties may also wish to obtain independent legal advice.

Is an agreement reached in mediation legally binding?

That depends on the circumstances, the terms of the agreement and the applicable law. Parties should consider obtaining independent legal advice before signing any settlement agreement.

Do both sides have to agree to participate?

Mediation is generally voluntary. Although a court may encourage mediation or make relevant procedural orders, the mediator cannot force anyone to agree to a settlement.

How long does mediation take?

That depends on the nature and complexity of the dispute, the number of people involved and the issues being discussed. Practical arrangements can be considered during the initial enquiry.

Do you provide family mediation?

Concord Mediation offers mediation for certain family relationship disputes, such as disagreements between adult siblings and other adult family members.

I do not currently offer mediation for separating or divorcing couples, related parenting arrangements or specialist elder mediation.

Do you provide legal advice?

No. When acting as a mediator, my role is impartial and separate from my work as a Legal Executive. I do not act as a legal adviser to either party in the mediation process.

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