Civil mediation is an increasingly popular way for people to resolve non-criminal legal disputes, typically without the expense and stress of going to Court. It can be used by individuals, businesses, and other organisations. A completely impartial mediator will help the parties to discuss their issue and come to an agreement that works for everyone involved.
If you are considering civil mediation, or are unsure whether it is an appropriate option for you, you may have some questions. We have put together answers to some of the most common questions we get about civil mediation here at Setfords, to help you get a better understanding of the process.
What is a civil mediator?
A civil mediator is a neutral, independent party who can help facilitate an agreement or settlement between two or more parties in a safe, confidential space. Our mediators can help to resolve conflict and allow parties to narrow issues.
When do I need a civil mediator?
Parties may wish to instruct a mediator if they are embroiled in a legal case and there is a desire to end the proceedings. A mediator may also be used prior to any court action in an attempt to reduce the likelihood of a legal dispute. Mediators can be used with or without the help of a solicitor. They may simply be used to help two or more people reach an agreement when they may not be able to do so on their own.
What are the benefits of mediation?
There is very little to lose by trying mediation. Most court protocols encourage parties embroiled in a legal dispute to engage in alternative dispute resolution and use a mediation service.
Mediation allows parties to resolve conflict on their terms with their own say. On the other hand, if a court case goes to trial, a judge will decide the outcome. The parties have no control over this decision.
Mediation is a much more cost effective process compared with being embroiled in a court case and it is also far more efficient. Civil legal cases can go on for several years, whereas a mediation could take place over the course of a day. The dispute can be resolved quickly, alleviating stress for both parties.
How much does civil mediation cost?
The cost of civil mediation will vary depending on the amount being claimed and the length of session. As a guide, civil mediation with Setfords costs the following:
| Amount being claimed | Fees per party | Length of session |
|---|---|---|
| £5000 or less | £75 + VAT | 1 hour – telephone/video mediation only |
| £5000 or less | £125 + VAT | 2 hours – telephone/video mediation |
| £5000 to £15,000 | £320 + VAT | 3 hours |
| £15,000 to £50,000 | £445 + VAT | 4 hours |
| £51,000 + | £750 + VAT |
Each additional hour is charged at £100 + VAT per party.
How long does it take?
This depends on the nature of the dispute. A simple dispute could be resolved within hours. Most mediations can be carried out within one day.
Do I have to mediate?
Mediation is completely voluntary. If a party wishes to draw an end to mediation at any time, they can do so.
If one side wants to mediate and the other side does not, what happens?
Both parties should be willing to mediate prior to any mediation. This will help you to achieve the best outcome possible that works for everyone involved.
Do I have to meet with the other side during the civil mediation process?
Your mediator can offer a range of flexible options to suit the needs of both parties. It is likely that the mediator will discuss the dispute with both parties separately and in confidence. If the mediator or either party feels that it would be productive to have a joint meeting during a mediation process, this can be arranged.
Where does mediation take place?
A mediation can take place via an online video platform, such as Zoom, or in person at a neutral venue.
Is civil mediation confidential?
Any discussions that take place with a mediator are completely confidential and without prejudice. If you wish to disclose any information to the other party, you are at liberty to do so, but you do not have to.
Civil Mediation with Setfords
Setfords’ Civil Mediators are specifically trained in this area to help you achieve a positive outcome. We understand that it’s important to choose the right mediator to assist you with your case, and we will use our knowledge and expertise to support you.
We have a unique structure that allows our mediators to work fully remotely. With a range of options for virtual mediation available, you do not have to be local for us to assist you.
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