Q&A

Mediation

Why Mediating Works?

MW offers experienced professional legal and business Mediators and Arbitrators who carry accreditation and PI insurance. The benefits of Alternative Dispute Resolution:Because Alternative Dispute Resolution is usually a voluntary process it ensures: maximum flexibility for parties to agree to use … Click to read more

What is mediation

Mediation is an effective method of resolving conflicts and provides the opportunity to try and reach a facilitated settlement with the assistance of a neutral third party, a qualified Mediator, without the cost and anxiety of a full court or tribunal hearing. It is confidential, flexible and a … Click to read more

What is online mediation?

Traditionally Mediation has been facilitated by face to face meetings with the other parties and the Mediator who acts as a go-between.  In recent years and with the rapid development of the Internet as a tool for progress, the trend has been increasingly for on-line dispute resolut… Click to read more

Why mediation?

Once parties embark on a formal court process, it is easy for costs to spiral and/or become disproportionate to the amount of the claim. Litigation risk will play its part in that there is a risk that you will not be successful and be ordered to pay the other party’s costs. Mediation provides the… Click to read more

Who pays?

Parties usually agree to share the mediator’s costs, and to each pay their own legal costs if any in connection with the mediation.… Click to read more

What does the mediator actually do?

A mediator is an independent and neutral facilitator who will help resolve a variety of commercial, contract and negligence disputes and in employment situations disciplinary or grievance issues by examining the symptoms of and motivations for conflict.  The Mediator initial… Click to read more

What is the chance of success?

The rate of success for those undertaking Mediation is very high with an 87% success rate. Typically a settlement agreement is signed on conclusion of the Mediation. Although the Mediation itself need not be binding, the settlement agreement once signed is a binding document.  … Click to read more

Obstacles to mediation

Parties often want their day in court, and see litigation as a sword with which to slay an opponent.To that end, some are reluctant to mediate because they do not want to be seen as ‘weak’. In contrast, negotiating with a set objective, choosing to meet your opponent and putting forward y… Click to read more

What happens if my case is unsuccessful

The courts are very keen for parties to resolve their disputes without the time and expense of court proceedings and the courts will look more favourably on parties who have attempted this process. If the process were unsuccessful you would not be prevented from continuing wi… Click to read more

Is my dispute suitable for mediation?

Mediation has been used successfully to assist in all types of disputes and can be used at any point during the life of a dispute even up to the door of a court or tribunal. Whether money is in issue or not Mediation is a very effective way to work through the issues pertinent … Click to read more

Will what I say be used in court?

No. The process of Mediation is entirely without prejudice to your case. Anything you say to the Mediator is entirely in confidence and can only be carried across to the other side with your agreement.… Click to read more

What are the cost implications?

In litigation, costs can spiral but the cost of mediation is agreed before the start and is divided between both parties. There are no nasty surprises. Please note in workplace mediating, the employer pays all costs.The actual cost depends on the length of mediation and where the mediation is held.… Click to read more

Can I have a retainer contract?

Mediating Works have a number of contracts with companies where the mediation process is an integral part of company policy and procedure.… Click to read more

Must I have a lawyer at the mediation?

Not necessarily. Legal representation is entirely up to you. You may feel you want a solicitor present to assist you with understanding any legal arguments. Alternatively you may prefer not to.  Any legal representative you do have however is bound by their professional c… Click to read more

How is a mediator chosen?

Mediating Works has a panel of accredited Mediators plus a vigorously recruited National Network.  Once both parties have agreed to Mediation simply contact us either by telephoning or email and we can assist you further.… Click to read more

Does MW have a code of conduct?

All Mediators working through Mediating Works follow the legal, procedural and ethical guidelines as suggested by the Cross-Border Mediation (EU Directive) Regulations 2011, Civil Procedure Rules and the Civil Mediation Council. For employment related disputes Mediating Works will … Click to read more

Where will the mediation be held?

The meeting can be held wherever is most convenient for both parties. Sometimes parties like to meet somewhere neutral to both and that can be arranged.  Alternatively you may consider our on-line mediation solution to be a more flexible and time and cost-efficient option.… Click to read more

How soon can we access mediation?

Mediation can be arranged very quickly once we have the consent of both parties. Normally parties like to meet on a weekday and occasionally Mediation may take longer than a day. If Mediating on a weekend is better for you so as not to lose time from work then we can arrange that … Click to read more

Arbitration

What is arbitration?

The International Business Community has driven recent changes in commercial dispute resolution procedures. The evidence points to Arbitration being the first choice for the binding resolution of commercial disputes in the widest range of contractual relationships and across many jurisdiction… Click to read more

How does arbitration work?

MW offers a simple and relatively inexpensive method of settling disputes by the appointment from our panel of appropriately chosen Independent Arbitrators to examine the facts and give a ruling from the documents you provide without the necessity of a personal appearance, quickly, with… Click to read more

How is an arbitrator chosen?

Mediating Works has a panel of accredited Mediators plus a vigorously recruited National Network.  Once both parties have agreed to Mediation simply contact us either by telephoning or email and we can assist you further.… Click to read more

Does MW have a code of conduct?

All dispute resolution professionals working through Mediating Works follow the legal, procedural and ethical guidelines as suggested by the Cross-Border Mediation (EU Directive) Regulations 2011, Civil Procedure Rules and the Civil Mediation Council. For employment related disputes … Click to read more

How soon can we access arbitration?

Arbitration can be arranged very quickly once we have the consent of both parties.  If the Arbitration is paper-based only it will begin once consent has been given by the parties to the process, evidence has been delivered to the arbitrator and payment of the arbitration fe… Click to read more

Contact Us to discuss your specific requirements