Mediation is an entirely voluntary process.

Mediation is an alternative way of settling disputes without going to court or tribunal.  Mediation allows you to put across your situation in your own words and hear from the other party. It is usually a quicker and less stressful way of settling disputes than going to court.

Each party has the opportunity to speak directly to the other and decide if, or by what means, they can settle matters between them.  In the discussion, you can explore options for settlement. These can be practical as well as financial and you decide on the terms of the agreement.  Where parties can come to an agreement through mediation it is more likely to be fulfilled than judgements imposed by court or tribunal.

The mediators do not make decisions; they facilitate the conversation in order to find a way forward that’s acceptable to both parties.

You have nothing to lose by attempting mediation. If the dispute can’t be settled, you can still return to court.

Mediation can take place at any stage of a dispute and can be effective before or during court action.

Please click on image to see a short video explaining What is Mediation?

The transcript can also be downloaded.

photo by Tim Gouw on Unsplash.

The Sheriff will often order you to contact a mediation service and the court usually shares your details with the Mediation Clinic.  We will contact you for an initial intake call and explain how mediation works. Mediation is voluntary, so if you choose to go ahead with mediation, brief details of your case will be taken and we will discuss what you hope to achieve. If you decide not to proceed, the Mediation Clinic will notify the court, but this should not affect any future court proceedings. Remember, both participants must agree to mediation before a session can be scheduled.

Once everyone agrees, we will arrange a session that suits all parties. This may be online, in person, or by phone. Sometimes, a case might be deemed unsuitable for mediation, in which case, the case will be returned to court.

Where a resolution has been agreed, the mediator will produce a written document called a settlement agreement which is legally binding. Once the terms have been fulfilled the case can be dismissed, bringing any legal action to an end.

Please click on image to see a short video explaining Court Referral to Mediation

The transcript can also be downloaded.

Mediation is a private and confidential conversation that allows people to negotiate and explore all the possible solutions before reaching a decision.

The parties are the decision-makers, and the mediators will not impose an outcome. They support people to make informed decisions and find creative ways to settle disputes.

Mediation takes place over Zoom, though other methods such as telephone or in-person may be offered by arrangement. All those attending the mediation will be asked to sign an Agreement to Mediate.

The mediators begin with an introduction to the session and explain the arrangements. Each party then has the opportunity to explain what they are looking for without interruption. All issues and concerns raised are discussed and any suggestions put forward by either party are considered.

The mediator may decide to speak privately with both parties. All information given to the mediator is strictly confidential and will not be disclosed without permission.

The mediators will record any agreement reached and everyone will be provided with a copy.

Please click on image to see a short video explaining What happens in a mediation session?

The transcript can also be downloaded.

Preparation: Before your session, think about your goals and what’s most important to you.  List and rank your priorities to work out where you can be flexible. It can be useful to list what you think the other party’s priorities may be.

Representation: Decide who should attend. Make sure the decision-makers are there, as they need to approve any agreement. It’s usually helpful if those directly involved in the dispute are present; however, some may have legal or lay representation or bring a supporter.

Tips for Success:

Prepare Thoroughly: Discuss the process with your mediation team or mediator. Being emotionally and physically prepared will boost your confidence. If you are mediating remotely, make sure you have a comfortable and private space to speak.

Manage Emotions: Keep calm, get a good night’s sleep, and have everything you need to hand, including all relevant documents. This will help you feel ready to mediate.

Keep an Open Mind: Mediation can feel unfamiliar, but mediators work hard to support you and make the process as smooth as possible. They share the goal of finding a solution that’s acceptable to both parties.

Respect: Listening while the other person speaks helps build trust and ensures a constructive discussion.

Please click on image to see a short video explaining Making the most of your mediation session.

The transcript can also be downloaded.