what is mediation?

Mediation is a private process, but it is much more informal than arbitration. It can be set up extremely quickly and the mediator can set his own rules as to how the mediation is to proceed. The flexibility provided by mediation is unique and has proved to be an extremely constructive method of solving problems.

The mediator has no power to impose a solution on the parties. In this respect a mediator differs from an arbitrator or a judge. His role is to assist the parties in seeking to resolve their dispute. An experienced mediator will help each side to move away from positions that may have been adopted previously in order to enable them to explore the real issues at the heart of the dispute and help them construct an acceptable solution to the problem. The informal nature of mediation allows the broader context within which disputes have arisen to be considered and for solutions to be agreed that may go far beyond what any court or arbitrator would be able to order or even consider.

The private and non-confrontational concept of mediation enables parties to maintain relationships whilst honestly resolving their differences. In long term relationships such as those of manufacturer and supplier, landlord and tenant, or agent and principal, this can be critical. The absence of formal procedures can make the process very much quicker and much more cost effective than traditional dispute resolution processes. However, a result cannot be guaranteed at the end of a mediation due to the fact that the mediator has no power to impose a settlement on unwilling parties. Statistics from leading national mediation providers, the ADR Group and CeDR, would indicate that approximately 75% of cases referred to mediation are settled at mediation or very shortly thereafter.

Due to the need for careful and sympathetic handling of the parties in order to produce a successful outcome and the wide discretion given to the mediator, much can depend upon the choice of mediator for a successful outcome.

what sort of cases can be mediated?

If there is a dispute, it can be mediated. The type of problems successfully settled by BL Resolve mediators include the following:

• commercial disputes
• professional negligence claims
• shareholder and private company disputes
• construction issues
• personal injury claims
• clinical negligence claims
• partnership disputes
• property disputes
• family

For further information or to book please contact Jenny Campbell, BL Resolve co-ordinator on 023 8085 7353 or email resolve@bllaw.co.uk