What is Mediation and Why Choose to Mediate?
If you have a potential or ongoing dispute which is causing stress, or looks like heading for court (or is already in court) then maybe you could consider mediation.
Mediation is a voluntary process that involves the participants meeting in person or online with a neutral third party (a mediator) and with the mutual aim of finding a resolution to the dispute without the need to take the matter through the Court system which often is time-consuming, stressful, and costly.
What is the role of a Mediator?
The mediator’s role is to help the participants better understand their individual, and common interests. The solution need not be one that a Judge could impose. Mediation can save time, stress, and costs. It can produce a more imaginative, commercial, and sustainable resolution than a court determined outcome.
How does Mediation work?
Mediation is a way of working with people to enable them to resolve their differences. It is an opportunity to “nip things in the bud”, and for participants to own and manage the outcomes. It is confidential impartial and non-judgemental. Mediation follows an ethical code of practice.
Is Mediation Mandatory?
The courts are increasingly encouraging or directing parties to mediate. Following a change to the Civil Procedure Rules in October 2024, although mediation is now mandatory, the court can take a failure to comply with an order for alternative dispute resolution, or an unreasonable failure to engage in alternative dispute resolution, into account when considering costs.
Under the Small Claims Pilot Scheme starts (which runs till 21 May 2026) attending a mediation is an integrated, required step in resolving a money dispute under £10,000.
“Mediation is capable of cracking even the hardest nuts. The process sometimes succeeds in cases where the parties appear at first to have intractable differences….”
– Mr Justice Miles in DKH Retail Ltd v City Football Group Ltd [2024]
Our CMC accredited Civil and Commercial mediator Sarah Lerner is a solicitor with many years of experience across a range of legal areas of law. She is used to dealing with complex disputes particularly involving individuals and local authorities, or health authorities. She believes that mediation offers a way of avoiding the heavy emotional toll that these disputes can bring.
Mediation Solicitors FAQs
You may have lots of questions about mediation which we hope are covered below, however should you have further questions or wish to book an appointment to discuss your unique situation and learn how Edwards Duthie Shamash can help you with your dispute please contact us on 020 8514 9000.
A mediator is an independent, neutral professional who supports parties in dispute work towards a voluntary settlement without going to court. The mediator does not make a decision or impose an outcome. Instead, they facilitate constructive discussions to help both sides identify common ground and work towards a mutually acceptable resolution.
At Edwards Duthie Shamash, our experienced mediation team supports participants through this process with a focus on practical, cost-effective outcomes. Contact Edwards Duthie Shamash to speak with our mediation team about mediation.
The length of mediation varies depending on the complexity of the dispute and the willingness of the parties to engage. Many cases are resolved within a single day-long session, while more complex disputes may require additional preparation or follow-up discussions. At Edwards Duthie Shamash, we work with participants to ensure mediation is as efficient and productive as possible.
Speak to our mediation team at Edwards Duthie Shamash to understand the likely timeframe for your case.
In most cases, parties are not legally required to mediate before issuing court proceedings. However, under the Civil Procedure Rules, courts strongly encourage the use of alternative dispute resolution, including mediation. From October 2024, a failure to engage in mediation or other ADR without good reason may be taken into account when the court considers costs. In some cases, such as smaller money claims, mediation is now an expected or required step.
Mediation is a voluntary structured process that involves the participants meeting in person or online with a neutral third party (a mediator) with the mutual aim of finding a resolution. It typically begins with pre-mediation preparation, followed by a joint opening session and private discussions between the mediator and each participant. The mediator then supports the participants to explore potential solutions.
Speak to our mediation team at Edwards Duthie Shamash to learn how we can support you through the process.
The cost of mediation depends on factors such as the complexity of the dispute, the value of the claim, and the duration of the mediation. While there are costs involved, mediation is generally far more cost-effective than litigation.
Contact our mediation team to discuss expected costs.
Civil disputes generally involve disagreements between individuals or organisations, such as disputes involving local authorities, Court of Protection disputes, property and housing issues, personal claims and contractual disagreements. Commercial disputes typically arise in a business context, including matters between companies, partnerships, or commercial contracts.
Our Mediation Team has experience of a wide range of disputes. Speak to Edwards Duthie Shamash to find out how mediation could help you resolve your dispute
