Civil Mediation
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Independent Civil Mediation
Disputes are stressful, and court proceedings are expensive. Civil mediation gives parties a confidential, structured way to settle a dispute outside of court, often in a single day.
At Setfords, our civil mediators act as independent mediators. They don’t represent either side. Instead, they preside over the mediation, manage the negotiations and help the parties reach a settlement they can both accept. This is different from a solicitor who acts for one party at a mediation, which is the role most civil litigation solicitors play.
Most of our mediators are instructed by solicitors on behalf of their clients. We also work with businesses and individuals representing themselves in a civil dispute.
Handling commercial mediation, property disputes and a wide range of civil dispute resolution matters, we are here to help. Get in touch to discuss how we can assist you.
Please note, our civil mediators don’t deal with family mediation. Looking for a family mediator? Click here for more information.
How can our civil mediators help?
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Instructing a civil mediator: for solicitors
Instructing a civil mediator: for solicitors
If you act for a party in a civil or commercial dispute and need an independent mediator, we can help.
Our civil mediators work only as neutral third parties, so there’s no question of them advising or representing either side. You and your client stay in control of your case. The mediator’s job is to run the process: preparing the parties, managing joint and private sessions, testing positions and helping everyone work towards a settlement.
We can offer:
- Mediation at short notice, including where a court has ordered or encouraged parties to try ADR (alternative dispute resolution)
- Full-day, half-day and time-limited mediations
- Remote, in-person or hybrid sessions
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Commercial mediation: for businesses
Commercial mediation: for businesses
All businesses have contractual obligations. Whether these are with clients, customers, suppliers, contractors or agencies, sometimes things go wrong or contracts need renegotiating.
Commercial mediation is a more cost-effective, less formal way to resolve these disputes without the time, cost and publicity of going to court. It’s also confidential, so commercial relationships can often be preserved.
Setfords’ civil mediators facilitate discussions between the parties and their legal representatives, helping everyone reach a practical resolution. Most businesses instruct a mediator through their solicitor, but we’re happy to talk you through how the process works.
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Civil mediation for individuals
Civil mediation for individuals
If you have a civil dispute with another individual or a business, mediation can help you settle it without going to court.
If you have a solicitor, they will usually arrange the mediation for you. If you’re representing yourself (known as a litigant in person), you can contact us directly.
Our mediators will explain how the mediation process works so that you know what to expect on the day. Because they’re independent, they can’t give you legal advice about your case. We recommend getting independent legal advice before and during mediation, where possible.
Instructing a civil mediator: for solicitors
If you act for a party in a civil or commercial dispute and need an independent mediator, we can help.
Our civil mediators work only as neutral third parties, so there’s no question of them advising or representing either side. You and your client stay in control of your case. The mediator’s job is to run the process: preparing the parties, managing joint and private sessions, testing positions and helping everyone work towards a settlement.
We can offer:
- Mediation at short notice, including where a court has ordered or encouraged parties to try ADR (alternative dispute resolution)
- Full-day, half-day and time-limited mediations
- Remote, in-person or hybrid sessions
Commercial mediation: for businesses
All businesses have contractual obligations. Whether these are with clients, customers, suppliers, contractors or agencies, sometimes things go wrong or contracts need renegotiating.
Commercial mediation is a more cost-effective, less formal way to resolve these disputes without the time, cost and publicity of going to court. It’s also confidential, so commercial relationships can often be preserved.
Setfords’ civil mediators facilitate discussions between the parties and their legal representatives, helping everyone reach a practical resolution. Most businesses instruct a mediator through their solicitor, but we’re happy to talk you through how the process works.
Civil mediation for individuals
If you have a civil dispute with another individual or a business, mediation can help you settle it without going to court.
If you have a solicitor, they will usually arrange the mediation for you. If you’re representing yourself (known as a litigant in person), you can contact us directly.
Our mediators will explain how the mediation process works so that you know what to expect on the day. Because they’re independent, they can’t give you legal advice about your case. We recommend getting independent legal advice before and during mediation, where possible.
Setfords’ Approach to Civil Mediation
Choosing the right mediator makes a real difference to the outcome. Our civil mediators are highly experienced in civil and commercial dispute resolution, and they know how to keep negotiations moving when positions are entrenched.
Unlike most law firms, our structure gives our mediators the support and flexibility they need to deliver a truly personal service at a surprisingly affordable price.
Our mediators work fully remotely, so they don’t need to be local to you or the other party. We offer virtual mediation, in-person sessions and hybrid options, whichever suits the parties and the dispute.
Find a Civil Mediator
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Miriam Bailey-Parkyns BA (Hons) DMS NLP BVC LLM
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Niki Roberts
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Ijeoma Ononogbu
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Russell Simpson
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Civil Mediation FAQs
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What is a civil mediator?
A civil mediator is an independent, neutral third party who helps people settle a civil (non-criminal) dispute by agreement. The mediator doesn’t take sides, decide who is right or give legal advice to either party. Mediation is confidential and can take place in person or online.
Please note, civil mediation does not include family mediation, which you can find out more about here.
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What's the difference between a mediator and a solicitor at mediation?
A mediator is independent and runs the mediation. A solicitor at mediation acts for one party: they advise their client, present their case and negotiate on their behalf. In most civil mediations, each party has its own solicitor, and the solicitors jointly instruct an independent mediator.
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Who instructs a civil mediator?
In most cases, the parties’ solicitors instruct the mediator together and agree how the fees will be shared. Businesses and individuals can instruct a mediator directly, particularly if they’re representing themselves.
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When do I need a civil mediator?
You may want to use a civil mediator if you’re in a dispute and want to settle it without a court hearing. Mediation can take place before court proceedings start, or at any point after they’ve begun. It’s often used where the parties have been unable to reach an agreement through negotiation alone.
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What is a civil dispute?
A civil dispute is a disagreement between individuals, businesses or organisations that doesn’t involve criminal law. Examples include:
- Property and boundary disputes
- Wills and probate disputes
- Neighbour disputes
- Professional negligence claims
- Disputes over unpaid invoices or payment
- Breach of contract
- Defamation
- Disputes involving charities and not-for-profit organisations
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Do the courts expect parties to mediate?
Yes, increasingly. Following the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council (2023), courts in England and Wales can order parties to engage in mediation or other forms of ADR. Since October 2024, the Civil Procedure Rules have allowed courts to take a party’s failure to engage into account when deciding costs.
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Is a mediated settlement legally binding?
What’s said during mediation is confidential. Once the parties agree to terms and sign a written settlement agreement, the agreement is legally binding. Where court proceedings have already started, the settlement can also be recorded in a court order.
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I've already started court proceedings. Is it too late for civil mediation?
No. Mediation can take place at any stage, even shortly before a trial. It can save significant time and legal costs, and the courts will often pause proceedings while the parties try to settle.
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What happens if civil mediation doesn't work?
If the parties can’t reach an agreement, the dispute can continue through the courts. Even where mediation doesn’t produce a settlement on the day, it often narrows the issues in dispute, and many cases settle shortly afterwards. Your legal representative can advise you on the next steps.
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Does Setfords offer family mediation?
Yes. While different to civil mediation, our family mediation solicitors can help you solve disputes about children, divorce, property and more in a calm and amicable way. Click here to find out more about family mediation.
Speak to a Civil Mediation Solicitor on +443330601408
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