Mediation
A day that ends the dispute, not the relationship.
Mediation is a confidential, voluntary process in which a neutral person helps the parties reach their own settlement. It works because it deals with what people actually need, not only what the law allows.
Why it works
Six reasons parties choose to mediate
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Private
Everything said in the mediation is confidential and without prejudice. Nothing is public, and nothing can be used against you later.
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Fast
Dates in weeks, not months. Most disputes are resolved in a single day.
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Yours to decide
No one imposes an outcome. The parties agree the terms, and only sign what they are content with.
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Affordable
A fixed fee, usually shared, that is a fraction of the cost of a trial.
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Flexible
Settlements can include anything the parties agree: apologies, future arrangements, payment plans, revised contracts.
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Expected by the courts
Courts can now order parties to engage in dispute resolution, and penalise an unreasonable refusal in costs.
The process
From enquiry to signed terms
Most mediations are arranged within a few weeks of first contact and completed in a day.
Who attends?
The parties, with authority to settle. Their advisers, if they have them. Occasionally an insurer, a supporter or an expert. Parties may attend with or without legal representation.
Enquiry
Either party, or both together, gets in touch. I will say whether mediation suits the dispute and quote a fixed fee.
Conflict check and agreement
I confirm my independence from everyone involved. All parties sign the agreement to mediate, which fixes the fee, date and confidentiality terms.
Papers and pre-mediation calls
Each side sends a short position paper and the key documents. I read everything and speak privately with each party beforehand.
The mediation day
An opening joint session, then private sessions in separate rooms. I move between the parties, testing positions and carrying proposals.
Settlement
Terms are drafted, checked by the parties and their advisers, and signed before the mediation closes. Where proceedings exist, they become a consent order.
Formats
Choose the shape that fits
Full-day mediation
The standard format for property, inheritance, construction and commercial disputes. Up to eight hours, in person or online.
Half-day mediation
For lower-value or narrower disputes, often online. A focused session with the same structure.
Online mediation
Secure video with private breakout rooms for each party. Suits parties in different places and cuts cost and travel.
Facilitated joint settlement meeting
A chaired without-prejudice meeting between representatives in litigated claims, run to a timetable with a settlement focus.
What is the difference between mediation and arbitration?
In mediation, the parties decide the outcome with the mediator's help; nothing is imposed. In arbitration, the arbitrator hears the case and makes a binding decision. Mediation is quicker, cheaper and keeps control with the parties.
Can we mediate before any court proceedings?
Yes, and it is often the best time. The pre-action protocols expect parties to consider dispute resolution before issuing a claim, and an early settlement avoids most of the cost.
What if the other side will not agree?
I can write to the other party or their representatives to explain the process and invite them to take part. A reasoned invitation to mediate is hard to refuse without risk on costs.
Does the mediator decide who is right?
No. I remain neutral throughout and give no legal advice. I will, in private, test the realistic strengths and weaknesses of each side's position so that decisions are made with clear eyes.
What about joint settlement meetings?
For litigated injury and insurance claims I also chair facilitated joint settlement meetings: a structured without-prejudice meeting between the parties' representatives, run to a timetable and aimed at settlement on the day.
Start a conversation
Ready to talk it through?
Tell me a little about the situation. I reply personally, usually the same working day, and I will say plainly whether mediation is the right route.
Prefer email? roger@newbydisputeresolution.com · 07500 138470
Roger Newby
Independent Civil & Commercial Mediator