• How much does mediation cost?
• What are the consequences of not mediating?

What is mediation?

The aim of mediation is to help you reach an amicable agreement. Additionally, it’s often a requirement of the court to prove that you’ve at least tried this avenue. At the very least, you would need to prove you attended a mediation information and assessment meeting. A MIAM is the name for this.

The mediator will not take sides and is there to ease the progression of the conversation. They can help you discuss anything involved in the proceedings. In the case of matrimonial disputes, this can involve:

• Who issues the application.
• Child arrangements.
• Short and long-term financial arrangements.

The mediator will assist each party to see the dispute from the other’s perspective. This can help to bring forward more important issues for discussion.

When should you seek mediation services?

Both parties need a mediator when they have a dispute but want to reach a solution while saving time and money. They may also use a mediator if they have an interest in maintaining their relationship. This can be very important in divorce or separation cases where there are children involved. This is also relevant in corporate and contractual situations. This includes:

• Workplace dispute mediation.
• Contractual dispute mediation.
• Business dispute mediation.
• Litigation mediation.

There are many other situations in which you could use or require a mediator. For example in many family law matters, you must go to mediation before court unless you have a good reason not to.

What are the benefits of mediation?

• Cost-effective – mediation can be much less expensive than going to court if it works.
• Confidential – mediation allows the dispute to remain private and it can be less disruptive to a business or a family.
• Less formal than going to court – Mediation involves fewer people than if you go to court.
• Forward-looking – working together in mediation can benefit professional relationships. It can also build a strong foundation for any future negotiations.
• Effective – mediation has grown in popularity because it has a high settlement rate.
• Efficient – Mediation reaches a resolution faster than going to court. Statistics state that more than 70% of mediation cases in the UK settle within a day of the mediation.

Britton and Time can refer you to a qualified mediator to help settle a dispute. For any mediation enquiries, contact us on 020 3007 5500.

How much does mediation cost?

Charges for mediation vary according to the individual specialisms required. Some mediators charge by the hour, while others take a fee per session. Some may apply ‘sliding scales’ instead or offer a fixed-fee package.

When you go to the first MIAM, the mediator will be able to give you an estimate of how much mediation is likely to cost. They base this on their understanding of what it is you hope to achieve.

However, it’s important to understand that the cost of mediation is far less than that of going to court. It also takes a lot less time.

Furthermore, legal aid may be another option available to one or both parties. Even if only one person is able to get legal aid, the fee for both parties covers the MIAM and the cost of the first full mediation session.

What are the consequences of not mediating?

Mediation is a process aimed at reducing costs, stress, and encourages open discussion. In most civil litigation cases, mediation is typically favoured by judges as it shows an attempt of reconciliation.

Conversely, failing to take up a fair offer made through mediation brings the opposite. The court, more often that not, will view this negatively.

Many recent court cases have made this clear, most heightened by COVID-19. Because of this, courts have become increasingly intolerant to excuses for not meditating.

This could be a result of its ongoing proven effectiveness. Still, there are also signs that they are now not only recommending mediation. Simultaneously, they try to refer to the written documentation of that process before deciding.

Examples include divorce and separation cases, though also proceedings surrounding confidentiality, conflict of interest and ‘right to life’. This shows that judges still feel mediation has an important role in encouraging safe and frank communication. This may be true even where resolution may be tough to achieve.

But the costs can extend beyond the result itself and into financial penalties too. There has been an increase of cases whereby the excuses given for not mediating have led to the case going against the refusing party. The penalties also appear to be much more costly than normal. These contrast with the penalties for a party that behaves in “a more reasonable or cooperative fashion”.

There have been examples before where indemnity costs have been sought after a settled case. The winning party had gone back on the basis of the opposition refusing to mediate early on. These costs were duly rewarded.