Mediation explained
What is mediation?
Mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps people in dispute reach a mutually acceptable settlement. It is not arbitration, and the mediator does not decide who is right. The parties decide their own outcome.
How does mediation work?
A mediation typically takes place over the course of a single day. The parties — usually with their solicitors — meet at a neutral venue (or via Zoom for remote mediations). The mediator opens the session with a joint meeting, setting out the process and ground rules.
The parties then move to separate rooms. The mediator shuttles between them, exploring each party's position, interests and priorities in private. These private sessions — called caucuses — are confidential: the mediator will not share what you say with the other side without your permission.
As the day progresses, the mediator helps the parties move from fixed positions towards a negotiated resolution. Most mediations produce a settlement agreement signed by both parties before the day ends, creating a binding contract.
Is mediation legally binding?
Mediation itself is not legally binding — nothing is agreed until both parties sign a settlement agreement at the end of the day. Once signed, that agreement is a binding contract and can be enforced through the courts if necessary.
Until that point, everything said during the mediation is "without prejudice" — it cannot be used as evidence in court proceedings. This encourages frank discussion and makes it safe to explore options without fear of prejudicing your legal position.
Who is mediation suitable for?
Mediation is suitable for almost any civil or commercial dispute. It works particularly well in property disputes — boundary disagreements, landlord and tenant matters, dilapidations, rights of way — and in commercial disputes involving contracts, building works or professional negligence.
It is suitable whether the dispute has just arisen or has been running in litigation for years. It can be initiated by either party at any stage, and both sides must agree to participate — though once in the room, the vast majority of mediations reach a settlement.
What if we don't reach agreement?
Mediation is entirely voluntary and without prejudice. If the parties do not reach agreement on the day, they remain free to continue with court proceedings. Nothing said during the mediation can be referred to in court. In practice, however, many cases that do not settle on the day reach agreement shortly afterwards, once both parties have had time to reflect.
Is mediation confidential?
Yes. The entire mediation process is confidential. The mediator will not disclose the content of discussions to anyone outside the process, and the parties sign a confidentiality agreement before the mediation begins. Unlike court proceedings, nothing enters the public record.