What is Mediation and Does it Work?

Mediation is an effective way of resolving disputes without the need to go to Court. It involves an independent third party – a mediator – who helps both sides come to an agreement.

The role of the mediator is to help both parties reach a solution to their problem and to arrive at an outcome they are both happy to accept. Mediators avoid taking sides, making judgements or giving guidance. They are responsible for developing effective communication and building consensus between the parties. The focus of mediation is to reach a common sense settlement, agreeable to both parties.

Mediation is a voluntary process and will only take place if both parties agree. It is confidential, and the terms of discussion are not disclosed to any party outside the mediation. If the parties are unable to reach agreement, they can still go to Court. Details about what went on at the mediation will not be disclosed or used at a Court hearing. Both parties share the cost of mediation.

Mediation can often identify solutions which are not evident during the early stages of a dispute or are available as a result of subsequent litigation, for example, the provision of a reference or an apology. The process provides a forum to deal more effectively with the emotional aspects of a dispute, providing a space where views can be expressed and heard.

Even if mediation is not successful, the confidential discussions can often lead to a resolution at a later date, again without litigation. The success rate for mediation is usually 70-80%.

What is an Accredited Mediator?

Our qualified Mediators hold CEDR (Centre for Effective Dispute Resolution) Accreditation, which is internationally recognised as the standard of excellence.

CEDR is accredited by the Civil Mediation Council as a Commercial and Employment mediation provider and fulfils the Council’s set standards of training, CPD, and administration and is endorsed by other respected bodies.

Loch Mediation is not authorised and regulated by the Solicitors Regulation Authority. Further information can be found here.