Thinking about mediation but not quite sure how it works? This article is aimed at answering some of your pressing key questions.
Question 1: I found you on The Ministry of Justice Civil Mediation Scheme Website. What is your charging structure? by hour, by session, by outcome, etc.?
Providers registered on this site should charge according to the rates set out on the site details of which are set out below. These rates may vary if a particular mediator is requested. The mediation provider should never charge according to the outcome because they need to be completely independent. :
|Amount you are claiming||Fees per party||Length of session|
|£5000 or less*||£50 + VAT £100+ VAT||1 hour
|£5000 to £15,000||£300 + VAT||3 hours|
|£15,000 – £50,000**||£425+ VAT||4 hours|
* The mediator/mediation provider should agree in advance whether this should be dealt with in one or two hours. For the one-hour rate the option is available to facilitate settlement over the telephone if appropriate, and if the parties agree.** If the claim is for more than £50,000, the fees will need to be agreed with the organisation providing the mediation.
Question 2: What is the format of a mediation? How long does it last? How many people attend?
Depending on the complexity the session will last between an hour and two days. Although there is no particular limit on the numbers attending, the mediator will make sure that only relevant parties are party to the session itself.
The structure of the mediation is flexible which means that the session will be managed according to what is the most efficient use of time and takes the needs of the parties into account. Often a mediation will start with a joint session but it is equally possible that the mediator shuttles between all the parties throughout the day.
Question 3: Do you write up the results so that if it goes to court we have a record?
Because mediation is a confidential process, the mediator will not be writing up notes during the mediation and there will be no form of written transcript. The process is “Without Prejudice” to court proceedings so the judge will not be told what happens during the course of the mediation. After the mediation, the parties may reach an agreement which, like any other contract, will be binding.
Question 4: Are there rules set upfront on behaviour/conduct?
Ground rules can be agreed at the beginning of the session and will be reviewed. The parties rather than the mediator will set and agree these “rules” according to what works best for them
Question 5: Where can the mediation be held? Is it up to the participants to find a location?
The parties generally find a location although the mediation provider will help them and will have rooms that are fit for purpose that they use on a regular basis. The cost of these rooms will be in addition to the cost of the mediation. For this reason, mediation are often held at the offices of advisers representing the parties. Although some parties can feel slightly uncomfortable that they are on another party’s “turf”, this option can save the time of choosing a venue and additional venue costs.
Question 6: Do mediators need to be legally trained?
A good mediator will not necessarily be legally trained but will always have the capacity to get a good grasp of the issues at play. Our mediators come from a variety of legal and non-legal backgrounds and are equally effective because of their capacity to work with legal advisers and manage the mediation process. Some people like the comfort of the mediator’s experience of certain issues and in particularly complicated matters this can be extremely useful. However, it is equally important that the mediator is able to steer away from giving advice and manage the process. Details of our mediators and their range of backgrounds and expertise can be found here.
Question 7: Are mediators regulated or accredited?
Although the mediation industry is not regulated, accreditation with the Civil Mediation Council relies on adherence to certain standards and, in particular the European Code of Conduct for Mediators.
If you would like to ask more questions, we are always happy to answer them if we can so do contact us on the form below or call us on 0800 082 9993