WHAT IS MEDIATION?

Mediation is a voluntary process whereby a neutral person facilitates discussions between parties in dispute, in a safe environment, to bring about a possible agreement or, alternatively, an acceptance of different positions going forward. The mediator, while independent and professionally trained, is not empowered to impose a settlement; however, their presence and input alter the negotiation dynamics and often help shape the final settlement.

The aim of mediation is to achieve an agreement that is a more holistic and effective answer to the problem at hand, rather than establishing a “winner” as may be the outcome in court. Successful mediations result in a signed agreement that can be made binding in the same way as any contract.

Since the passing of the Mediation Act 2017, agreements by way of Mediated Settlements can be made binding without needing a solicitor. In fact, in a lot of cases, judges are sending parties to mediation.