FAQ’s for Solicitors
1. How Do I Book a Mediation Session for My Client?
You can book a mediation session online by submitting your preferred date and time via our booking system. Click to see our online Booking Instructions Guide.
Alternatively, you can contact us directly via phone or email to arrange the session.
2. How is Payment for the Mediation Session made?
Payment can be made online via our booking system, or you can pay over the phone.
DIRECT 07908163003 OFFICE 01782 929 515
If you choose to pay online, once you complete the booking, a payment link will be emailed to you.
You can pay your client’s share of the mediation fee, and will then be sent a link to advise the other party that the mediation has been booked with instructions for them to book the same mediation slot and make payment of their share of the fees.
3. Can I leave the scheduling and payment to the mediating parties?
Yes, you can make the booking by calling or emailing us and reserving the mediation.
We will then deal with the clients and find a mutually agreeable date and time for mediation and take payment from them.
4. What Happens If the Other Party Doesn’t Pay?
If the other party doesn’t pay, the mediation session cannot proceed until payment is made.
5. Can Solicitors Attend the Mediation?
While solicitors are not required to attend, some solicitors may choose to be present with their clients for support or advice. Solicitors are not permitted to speak on behalf of their clients during the mediation, but they are welcome to have private discussions with their clients outside the mediation session if needed.
6. What If the Other Party Is Not Willing to Mediate?
If the other party is unwilling to engage in mediation, we recommend providing them with detailed information about the potential benefits of mediation, including its cost-effectiveness, speed, and confidentiality. In particular, it may be useful to highlight how mediation can often lead to more amicable and flexible resolutions compared to litigation.
Should a refusal to mediate persist, it is important to be aware of the potential cost consequences outlined in the Civil Procedure Rules (CPR), particularly Part 44, rules 44.2(4) and 44.2(5). The court has discretion to take into account a party’s refusal to engage in mediation or alternative dispute resolution (ADR) when making decisions about costs. This may result in a costs penalty for the refusing party if the case proceeds to litigation.
7. How Do I Access the Mediation Session Details?
Once the mediation is booked, you will receive a confirmation email containing all session details, including the Google Meet link for remote sessions or venue details for in-person meetings. This information is also available via our online system.
8. What Is the Role of the Mediator During the Session?
The mediator’s role is to facilitate communication between the parties, help them identify issues, and assist in finding mutually acceptable solutions. The mediator is neutral and does not provide legal advice.
9. Is the Outcome of Mediation Legally Binding?
If both parties reach an agreement, a Memorandum of Understanding (MOU) can be drafted. This can be legally binding if it meets the criteria of creating legal obligations. However, we recommend that your client seek independent legal advice to confirm the enforceability of any MOU.
10. How Do I Request a Specific Mediator?
If you have a preference for a specific mediator, please indicate that when booking. We will do our best to accommodate your request, subject to availability.
11. What Happens if Mediation Doesn’t Resolve the Dispute?
If an agreement isn’t fully reached, mediation often helps narrow down the key issues. The parties can still draft a Memorandum of Understanding (MOU) to record the points of agreement, even if not all issues are resolved. This helps establish common ground.
Alternatively, if more time is needed, the parties can choose to extend the mediation by purchasing additional time (e.g., another hour or two) or schedule another session for a later date.
The discussions remain confidential, and the parties are free to pursue other options, such as litigation or arbitration.