Conflicts and disagreements are a part of life. Sometimes, conflicts can become so complicated that people need to seek outside help to resolve them. That is where mediation comes in. Mediation services in the UK provide a means to resolve disputes without resorting to court proceedings and employment tribunals. This process is often quicker, less stressful, and a lot cheaper than a legal battle. But what types of mediation are there? How do they work? Which one can assist you in resolving a specific issue?
This blog will cover the various types of mediation services in the UK, their unique features, the issues they address, and how each type will assist you in making progress.
What is Mediation?
Mediation is a technique for resolving disputes with the assistance of a neutral person, known as a mediator. The mediator does not take sides but rather helps both (all) sides of the dispute reach an agreement. Through guided attempts at problem-solving, they help each party articulate their concerns, listen to the other’s perspective, and find a mutually acceptable resolution. Mediation is conducted in private; therefore, it is confidential. Everything discussed in mediation remains confidential and private. It is also important to note that any mediation is without prejudice.
Mediation services in the UK help resolve a wide range of disputes. These include conflicts concerning money, employment, family, or even disputes with neighbours. The primary objective of mediators is to help the parties achieve a consensus that they all will find acceptable without incurring the stress and expense of a court battle.
Why Choose Mediation?
There are numerous reasons why individuals choose mediation over other methods to resolve conflict:
- Reduced Costs: Mediation is significantly less expensive compared to the employment tribunal and court litigation.
- Time Efficient: Most mediations settle within three, four, eight to ten hours, in any case a maximum of one day.
- Less Stressful: Mediation is a much more relaxed and user friendly process. There are no judges, courtrooms, cross examination and no need to provide proof of who is right or wrong.
- Private and Confidential: All communication during the mediation session is private, and confidential. Nothing said or done at the mediation can be disclosed to any outside parties.
- Creative Agreements: Mediation can result in agreements that a court would not be able to provide.
- Better Relationships: Mediation helps individuals understand one another, which in turn assists in mending or saving relationships.
Main Types of Mediation Services in the UK
Now, let’s examine the various mediation services. Each type is suited to specific kinds of problems.
1. Non-Family Civil and Commercial Mediation
Civil mediation in the UK handles disputes involving individuals, companies, or organisations that do not pertain to family matters. This may involve:
- Disagreements regarding contracts
- Disputes concerning property or land
- Issues regarding construction and building
- Debt problems and other financial issues
- Acts of professional negligence (such as those committed by solicitors, doctors, accountants any professional person or body)
- Disagreements between landlords and tenants
In civil mediation, the mediator facilitates dialogue between the two sides regarding the issues at hand. Each party may bring their solicitor along if they wish. Once an agreement is reached, it will be deduced to writing. Once signed, it becomes legally binding on the parties.
A real life example of a boundary dispute we mediated:
Two neighbours had heated disagreements over the boundary line where their fence sat. Rather than fighting it out through court, they decided to enter into civil mediation. The mediator assisted them with their discussions. After a day of private and joint meetings an agreement on where the true boundary line sat, and where the fence should be placed was achieved. To include who was responsible for the ongoing upkeep of the fence.
2. Workplace Mediation
Mediation is employed when conflicts arise in the workplace. This can include disagreements between two or more employees, management, between a supervisor and an employee, or even inter-team conflicts. Some of the most common issues are as follows:
- Bullying or intimidation,
- Discrimination (race, gender, or age),
- Poor communication,
- Conflict around performance, defined job roles
- Issues outside of the workplace fuelling disputes at work .
Workplace mediation uk helps employees resolve their differences in a manner that allows them to return to their duties and work alongside one another again in a professional capacity. It is confidential, therefore not even HR, or the employer knows what was said or done at the mediation. Any agreement reached is only shared with the employer if both / all the employees consent to it being shared.
A real life example of a workplace dispute we mediated:
Two employees had a conflict which arose out of a difference of professional opinion on how to complete certain tasks. Initially it was lighthearted banter. As time progressed the comments got more heated, personal and completely unprofessional. Eventually it descended and escalated into a number of shouting matches. This was of course detrimental to the whole team’s cohesion and morale. A specifically trained external workplace mediator helped them understand each other’s grievances. They reached an agreement on behavioural changes that would enable them to collaborate more effectively.
3. Family Mediation
Family mediation aims to help families resolve conflicts and disputes constructively and amicably. This may involve issues such as:
- Separation or divorce
- Child visitation rights (who the child can live with and see)
- Division of assets and finances after a separation
- Family business disputes
- Contested wills and inheritance
Family mediation is more beneficial for children and less contentious, as it facilitates calmer discussions and cooperative decision-making between parents. The mediator ensures that everyone has an opportunity to present their views and be heard.
A real life example of a family custody dispute we mediated:
A married couple separated. A bitter and acrimonious dispute over where their children would live ensued. Since 2011 all separating and divorcing couples must use family mediation before contesting a matter before the courts. These specific types of family mediations are referred to Mediation Information Assessment Meetings (MIAMS).
They must be conducted by a Family Mediator who has trained in MIAMS and is registered with the Family Mediation Council. After six one hour long sessions, which took place over four weeks. The mediator guided and helped the couple to develop a strategy which allowed for a 70:30 co parenting split.
4. Boundary and Neighbour Mediation
Often, people have disputes with their neighbours regarding any of the following:
- Boundaries (where one property ends and another begins)
- Noise
- Shared driveways or gardens
- Trees or fences
Neighbour mediation helps people talk these issues out and provides a way for them to resolve conflicts amicably. It is less costly than a legal dispute and enables neighbours to maintain their relationship. Preventing the need for the police, the local authority and other agencies becoming involved.
A real life example of a neighbour tree dispute we mediated:
Two neighbours argued over a number of trees that overhung a fence. Causing significant damage to the fence and surrounding plants. Mediation helped both parties to ascertain who was responsible for the maintenance of the trees, the height of them, as well as an agreement over the cost of the damage caused.
Different Forms of Mediation
There are a number of mediation models. The main four used in the United Kingdom are detailed below. All forms of mediation are conducted differently.
Facilitative Mediation
This is the most common type. The mediator supports both sides in communicating and reaching a solution on their own. Advising or taking sides is not part of the process. The mediator only asks questions, guides discussions, and offers gentle steering.
Evaluative Mediation
In this situation, the mediator is more engaged. They may offer recommendations or outline what a reasonable resolution might be. Effectively giving their own opinion. This form is commonly used in cases with a litigation aspect, such as civil mediation in the UK. It is important to note, the mediator will only use this approach, if they had been asked to before the mediation commenced.
Transformative Mediation
This type aims at altering the way individuals interact with each other. The objective is to help participants understand each other better and repair their relationship, rather than merely resolving the immediate issue at hand.
Med-Arb and E-Mediation
Med-Arb: This is a combination of mediation and arbitration. A mediator can become an arbitrator if the initial mediation fails. The appointed mediator must also be a practicing arbitrator. And it must be agreed from the outset, that the mediator will arbitrate the dispute, if mediation does not create a solution.
E-Mediation: This refers to mediation conducted through emails or video calls. This is beneficial when the parties involved are far apart or hard to reach in person. This has in reality now turned into online mediation.
When Should You Consider Mediation Services?
Mediation services in the UK are available at almost any time. You may attempt mediation before issuing proceedings, (filing a case at court) or even after a case has been filed. The earlier mediation is used the better savings you are likely to achieve in terms of time, money, and stress.
Consider mediation if:
- You want a solution in a timely and confidential manner.
- You want to preserve a positive rapport with the other party.
- You wish to have more influence over the outcome.
- Nobody likes going through costly court processes.
What Occurs During Mediation?
Here’s what happens in a civil and commercial mediation. Workplace and MIAM’s sessions follow different models.
- First Joint Meeting: The mediator explains their role, background, qualifications and experience. Advises how the mediation process will take place.The parties and or their legal representatives are then invited to deliver their position statements. Immediately after these, shortly after and or at some point the mediator will see each party separately.
- Private Talks: The mediator will at some point speak with each party separately to determine their intentions and understanding of the matter. It is not unusual to have a number of separate meetings with each side.
- Joint Sessions: To speed up the process, allow for better accuracy, for the emotion to be seen by either party (when appropriate to do so). And where the issues have been narrowed significantly the mediator may suggest the parties meet jointly. Again it is not unusual to have a number of joint meetings as and when appropriate.
- Finding Solutions: The mediator ensures that both parties develop options to resolve the problem.
- Agreement: Once an agreement has been reached. It will be deduced to writing and signed. Once signed it becomes a legally binding contract between the parties. If court action has started, then it will become a Consent to Tomlin Order.
Best Tips To Get the Most From Your Mediation
- Do Listening and Sharing: Arrive at the session open-minded and be prepared to listen as well as share your perspective.
- Truthful: Explain what you truly desire and what your limits are. Admit where you possibly got things wrong.
- Respectful: Understand the position of the other party even when you disagree with it.
- Flexible: Be open to unconventional approaches that aim to resolve the issue at hand.
Conclusion
The Mediation services offered in the UK provide various solutions that range from financial disputes and work-related disagreements to family issues and disputes between neighbours. Resolving issues through mediation is far more discreet, quicker, and less stressful than going through court. It provides an opportunity where every party can come up with solutions that are beneficial to all participants.
Remembering that disputes have many different approaches to be solved is the most important takeaway. Mediation could be the helping hand you need to be released from burdens, save money, and regains your peace of mind.
UK Mediation Services Frequently Asked Questions:
Question: Is mediation consistently successful?
Answer: Not all the time, however, most conflicts can be resolved. Even if full agreements are not reached, a part agreement, heads of terms can be reached. Mediation helps foster a better understanding of the opposing side’s stance.
Question: Do I Need A Solicitor?
Answer: No, you don’t need one. You may choose to bring a solicitor for legal guidance, it is always sensible to understand and know your legal position.
Question: Is Mediation Confidential?
Answer: Yes. Everything discussed at the mediation is confidential unless all the parties involved consent to sharing it.
Question: How Long Does Mediation Take?
Answer: Most cases are resolved in a matter of hours to one day. It will always be faster than going to court.
