Services · Is Mediation Right for You?
Is Mediation Right for You?
If you are considering mediation but have questions about how it works, what it costs, or whether it applies to your situation, this page is for you.
How mediation works
There are two ways parties arrive at mediation. Both routes converge into the same five-stage process, from first contact to a written outcome.
How you get to mediation
Private Mediation
The parties agree to mediate and appoint a mediator directly, either by mutual agreement, through a mediation panel, or under an ADR clause in a contract.
Court-Annexed Mediation
The court refers the parties to mediation. A mediator is appointed by the court from its accredited panel. The parties do not choose the mediator.
Stage 1
Before the Mediation
The mediator holds a pre-mediation call with each party separately. These calls are confidential and give each party the opportunity to explain the dispute in their own words, ask questions about the process, and prepare for the day. The mediator uses these calls to understand the issues and ensure the process is set up to give everyone the best chance of reaching a resolution.
All participants also sign a mediation agreement before the mediation day. This establishes the confidentiality framework, the without-prejudice basis of the process, and confirms the scope of the mediation. The mediator reviews any relevant background documents provided. Attendees are confirmed, and each party must have authority to settle.
Stages 2 to 5 take place on the mediation day. In straightforward cases this is a single day. In complex matters, sessions may take place over more than one day.
Stage 2
Opening the Mediation
The mediator opens a joint session with all parties present. Ground rules are set: the process is voluntary, confidential, without prejudice, and non-binding until a written agreement is signed. The mediator's neutral role is confirmed: they do not advise, judge, or decide. Each party then makes an opening statement setting out their position in their own words.
Stage 3
Private Sessions
The parties move to separate rooms. The mediator meets with each party individually and in complete confidence. Nothing said in a private session is shared with the other party without explicit permission. The mediator listens, explores each party's full story, helps identify what they actually need, and works through the real issues and barriers behind the dispute.
Stage 4
Negotiation
The mediator moves between the parties in further private sessions, exploring offers, testing positions, and identifying where agreement is possible. Parties consider their realistic options, including what happens if the dispute does not settle. The mediator helps parties move from entrenched positions towards workable solutions, and works through any deadlock that arises.
Stage 5
Closing Joint Session
If settlement is reached, all parties come together to confirm the agreed terms. The agreement is put in writing and signed by all parties. Once signed, it is a binding contract enforceable by law. If no settlement is reached, the mediator closes the process on a constructive note. All discussions remain confidential and cannot be used in subsequent legal proceedings.
The outcome
Settlement Reached
A written settlement agreement is signed by all parties. It is a binding contract, enforceable by law.
No Settlement
All discussions remain confidential. In private mediation, all options remain open. In court-annexed mediation, the matter returns before the judge.
The mediator does not decide the outcome; the parties do. The process is confidential and without prejudice throughout.
Will I have to be in the same room as the other party?
Not necessarily. Mediation can be conducted in separate rooms (known as shuttle mediation), entirely online, or in a joint session, depending on what works best for everyone involved. We discuss the right format at the outset, before anything begins.
Do I need a lawyer to attend?
No. You do not need a lawyer present in mediation, though you are welcome to take independent legal advice before, during or after the process. My role as mediator is neutral; I cannot provide legal advice to either party.
That said, lawyers are welcome to attend as mediation advocates, and in commercial and IP matters many parties choose to bring them. If you do, there is one important practical point: whoever attends must have authority to settle, or be in a position to obtain instructions in real time. A lawyer who cannot make or accept offers without consulting an absent client creates delays that can significantly slow the process, or prevent a settlement from being reached at all. For that reason, I strongly encourage parties, especially businesses, to ensure that a decision-maker attends alongside any legal representative.
Do I need an interpreter?
Not everyone attending mediation will have English as their first language, and that is entirely manageable. If you or another party requires an interpreter, please flag this as early as possible so arrangements can be made. Any interpreter attending will be required to sign the mediation agreement and will be bound by the same confidentiality obligations as all other participants.
Who should attend on behalf of my business?
This is one of the most important practical questions in commercial mediation. The person or people who attend should have genuine authority to settle the dispute on the day, without needing to refer back to someone who is not present. Sending only lawyers, without a representative who can give instructions and make decisions in the room, significantly reduces the chances of reaching a settlement. Mediation works best when the people who have the power to resolve the dispute are in the room.
Is everything kept confidential?
Yes, though it is worth understanding what that means in practice, as there are two distinct protections at work.
Confidentiality is a contractual obligation. Before the process begins, all participants sign a mediation agreement that binds every person in the room, including lawyers, interpreters and any other attendees, to keep the content of the mediation private. This applies to what is said, what is disclosed and what is offered. Even the fact that a mediation is taking place can be kept confidential if the parties choose.
Without prejudice is a separate legal protection. It means that nothing said or disclosed during mediation can be used as evidence in any subsequent court or arbitration proceedings. This allows parties to speak candidly about their position and explore settlement options without fear that their words will be used against them if the matter does not settle.
Both protections apply in mediation. Together they create a framework that is significantly more protective than direct negotiation between lawyers, where without-prejudice protection may apply but full confidentiality often does not.
For commercial and IP disputes in particular, this matters enormously. Court proceedings are a matter of public record. Mediation is not. Sensitive commercial information, trade secrets, licensing terms, brand strategy and IP portfolios remain protected throughout.
What if we can't reach an agreement?
Mediation is voluntary. If no agreement is reached, the process ends and your options remain fully open, including court proceedings or arbitration. Nothing said during mediation can be used against you in any subsequent legal process. The without-prejudice protection applies throughout.
How long does mediation take?
Many disputes are resolved in a single half-day or full-day session. More complex matters may involve more than one session. At our initial call, I will give you a realistic indication of what to expect for your particular situation.
What does it cost?
Costs depend on the jurisdiction and the nature of the dispute. Clear pricing is set out on the UK Mediation and UAE Mediation pages. For cross-border matters, fees are quoted individually.
A free 30-minute initial call is available to discuss your matter before any commitment.
What if the other side refuses to mediate?
You cannot compel the other party to mediate; it is a voluntary process. However, courts in England and Wales increasingly expect parties to have attempted mediation before proceedings, and unreasonable refusal to mediate can be taken into account when the court decides who should pay legal costs. Sometimes simply proposing mediation in writing is enough to bring the other side to the table.
What kinds of disputes can be mediated?
More than most people expect. I am a qualified Civil & Commercial Mediator, which means I handle commercial disputes, IP and brand matters, family and inheritance issues, property and landlord disputes, employment matters, neighbour disputes, community conflicts, and a broad range of other civil matters.
If you are not sure whether your situation qualifies, the best thing to do is ask. A free 30-minute call costs nothing and commits you to nothing.
I am a business. Can mediation work at the commercial scale we operate at?
Yes. Commercial mediation is used to resolve multi-million pound disputes, cross-border disagreements, multi-party conflicts, and complex IP matters. WIPO's data shows a 70% settlement rate in formally agreed mediations, often resolving disputes that have been in litigation for years, in a matter of weeks.
If you would like to discuss how mediation might work for a specific commercial matter, please get in touch.
Still not sure?
Book a free 30-minute call. There is no obligation, no cost, and no commitment. We will talk through your situation and I will give you an honest view on whether mediation is likely to help.
Book your free call