Success rate of Mediation

Success rate of mediation
92%
Settle on the mediation day
72%
Settle shortly after the mediation day
20%
Source Tenth CEDR Mediation Audit 2023
  • Mediation opens the door to a resolution that can be much more creative and far reaching than that which rests within the power of a court to determine.
  • It gives the participants control over the outcome.
  • A resolution can be reached much more quickly than waiting for the Court process, enabling the participants to look to the future.
  • It is less stressful and risky than going to Court.
  • Legal costs are minimised whilst also limiting potentially damaging adverse media exposure.
  • It is completely confidential and without prejudice.
  • The process allows the participants to revisit their risk assessments through reality testing positions.
  • It allows the participants to voice the impact that certain actions have had on them in a controlled, safe environment with no judgment.
  • There is no obligation to come to any resolution – each participant may leave the process at any time.
Mediation can take place at any stage even immediately after the conflict has taken place or when legal proceedings are well underway. The court is able to ‘stay’ (put on hold) these proceedings pending the outcome of the mediation
Once an agreement has been reached and put in writing and signed by the participants it is legally binding. Any settlement agreement may be made into a Consent Order, which may also be a Tomlin Order (where the terms of the settlement are kept private on an attached Schedule), for sealing by the court.
We can arrange an agreed, neutral environment with the space, comfort and facilities for the participants to have a constructive conversation in a safe, non-judgemental environment.
In order for the mediation process to run as smoothly as possible, I will have had contact with both parties in advance and the information I acquire before the mediation will help to inform how the mediation will run. Joint sessions with both sets of participants are very beneficial to begin with but can be avoided if desired and then, typically we may break away into separate, private sessions with equal time, focus and attention dedicated to each. The discussions are moderated and directed by me with sensitivity and regard to all factors. The process is structured yet flexible and responsive to need.
It is standard practice that the parties pay the mediation costs between them. This promotes the independence, impartiality and equal commitment to a successful outcome. Please see the Fees page for prices.
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