Mediation is a voluntary informal process by which an independent third party, the mediator, helps people to agree a solution when there is a disagreement between them. Mediation can be used to settle disputes in a whole range of situations, whether before or after the disputants have resorted to law. Since the introduction of the Civil Procedure Rules in 1998 the Courts have been required to encourage parties to litigation to seek to resolve their dispute by some form of alternative dispute resolution (ADR) and mediation is widely recognised as the leading form of ADR. It has proved surprisingly effective in enabling parties resolve their differences without going through a full legal process to a court judgment.

With the help of the mediator, the disputing parties work out what their issues and options are, and then use those options to work out an agreement. The mediator does not take sides or make judgments. The mediator will ensure that both parties get a chance to state their case, hear the other side, work through the issues that are important to them and make an agreement. The parties in mediation are in control of the process, and either can bring it to an end at any time.
The following salient points are to be noted:

Flexibility:
There is no single model for the mediation process. It is up to the parties to agree with the mediator how their mediation will be conducted. Commonly the parties meet the mediator separately and then come together for a joint meeting which hopefully leads to an agreement. Where the parties prefer they may not meet at all with their discussions taking place through the mediator. Any agreement reached will be in writing and signed separately.

Confidentiality:
Mediation is a confidential process where both the fact of the mediation and the contents of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still follow formal legal process and have their dispute determined by a court. The details of what went on in the mediation may not be disclosed or used at a court hearing. However, depending on any Order the court may make, the fact that a party has not engaged constructively in mediation may be used after the court has given judgment when issues of costs are being considered.

Cost:
The parties have to bear the cost of the mediator, and if they choose to conduct the mediation at a neutral venue they will have to meet any costs arising. But the cost of mediation will usually be a very small fraction of the cost of litigation. Even the eventual winner of a legal battle is likely to pay more in irrecoverable litigation costs than the cost of mediation, and the loser of a legal battle will usually face costs bills running into a substantial five-figure, sometimes six-figure, sum.

Speed:
The parties to contested litigation can expect the process to take at least eighteen months, frequently considerably more, before they receive a judgment. Mediation should take no longer than six weeks.

Friend or adviser:
In any mediation a party may have a friend or adviser (eg solicitor, direct access counsel, or surveyor) to assist him should the party wish it, but the role of such a friend or adviser, if any, in any joint discussion should be agreed in advance of the mediation.

Future relationships:
Where neighbours are involved in a dispute a long-drawn out court battle can result in a soured relationship for a long time. Mediation of a dispute may not be productive of actual friendship, but the parties’ relationship going forward is likely to be more amicable. Furthermore, while litigation must necessarily be restricted to the legal issues before the court, the flexibility of mediation enables parties to include matters in any agreement they reach which are beyond the strict legal issues of the differences which led them to mediate in the first place.