FAQ’s for Mediation Clients
1. How Do I Book My Mediation Session?
You can contact us directly via phone or email to arrange the session. DIRECT 07908 163 003 OFFICE 01782 929 515
Alternatively, youcan book a mediation session online by submitting your preferred date and time via our booking system. Click to see our online Booking Instructions Guide.
2. How Is Payment for the Mediation Session Made?
Once the mediation session is booked, you will then be able to make payment of your share of the fees. You will then receive an email confirming the booking and payment, that you can then send to the other party, to enable them to make payment of their share of the booking.
If the other party is paying first, you’ll receive the payment link after they’ve completed their payment.
Payment can be made online via credit/debit card or bank transfer.
If there are any problems, you can call 07908163003 to make the booking and payment.
3. What Happens if the Other Party Doesn’t Pay?
If the other party doesn’t pay after receiving the payment link, the mediation session cannot proceed until payment has been received from both parties. If you encounter any issues with payment, please contact us, and we can assist by sending reminders or discussing further steps with the other party.
4. Can Solicitors Attend the Mediation?
Solicitors are not required to attend, but they may choose to be present with their clients for support or advice. However, solicitors are not permitted to speak on behalf of their clients during the mediation session. They are welcome to consult privately with their clients outside the mediation if needed.
5. What If the Other Party Is Not Willing to Mediate?
If the other party is unwilling to engage in mediation, we recommend that you provide them with information about the benefits of mediation, such as its cost-effectiveness, speed, and confidentiality. Mediation can often lead to more flexible and amicable resolutions compared to litigation.
Should the refusal to mediate persist, please be aware of the potential cost consequences as outlined in CPR Part 44. The court may impose cost penalties on a party that unreasonably refuses to engage in mediation or alternative dispute resolution (ADR). Under CPR 44.4, the court can consider a party’s refusal to mediate when determining the allocation of costs, potentially resulting in a higher costs award for the refusing party if the matter proceeds to litigation.
6. 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 through our online system.
7. What Is the Role of the Mediator During the Session?
The mediator’s role is to facilitate communication between the parties, help identify key issues, and assist in finding mutually acceptable solutions. The mediator is neutral and does not provide legal advice. They will guide the process but will not make decisions for the parties.
8. Is the Outcome of Mediation Legally Binding?
If both parties reach an agreement, a Memorandum of Understanding (MOU) can be drafted to record the agreed points. An MOU can be legally binding if it creates legal obligations, but it’s advisable to seek independent legal advice to confirm its enforceability.
9. 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.
10. 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, if desired.