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Common Questions

We have used our best efforts to put ourselves in the position of one of our client’s. If we landed on our site as a potential client, what questions would we have? Whereby we have tried to answer the same.

If for some reason, your question is not answered, then please contact us, for a free, no-obligation, and confidential discussion we would be only too happy to help

Why should I use Effective Dispute Solutions Limited?

Effective Dispute Solutions Limited is led by Harvinder Singh Bhurji, who has been mediating for over twenty one years, in that time he has mediated disputes across a wide range of sectors, which have varied in complexity, value (a few hundred pounds to millions being in dispute), two or multi parties being involved. 

Effective Dispute Solutions Limited is accredited by the Civil Mediation Council as a mediation provider, and is a designated provider of mediation services to Her Majesty’s Courts Service and the National Mediation Helpline. Our national mediation panel has a wealth of experience between them, therefore for all those reasons that is why we are best equipped to help you resolve your dispute.

Mediation & Principles

Mediation should be used when it appears that other than resorting to litigation or more formal practices your dispute cannot be resolved.

This will simply depend upon the nature of your dispute, the complexity, how many parties are involved and so forth. In most cases it will be quite apparent to you what type of mediation you need to use, in others perhaps not, contact us and we shall advise you on the type of mediation you need to use.
Effective Dispute Solutions Limited will use its best efforts to persuade the other party to agree to mediation by highlighting the benefits of the process however as it is a voluntary process, parties cannot be forced to mediate.

No! Mediation is a voluntary process, all in dispute need to agree to use it, you cannot be forced into mediation.

Yes, the entire mediation process is confidential, from the moment you contact us up to the time we mediate for you, whatever you discuss with us in confidence remains that way, unless you give us your permission to discuss it with anyone else.

Yes, once an agreement has been reached and it has been deduced to writing (for commercial and civil disputes) it will usually be enshrined within a consent order if court proceedings have commenced, if they have not, the written agreement will be drawn up as a contract which is binding on the parties.

Mediation is a highly flexible and successful process, most mediations settle, if not on the day shortly after the actual mediation , the mediator is there to help, although there is no guarantee of success, the more the parties are committed to finding a solution the more likely the mediation is to be successful

The Mediation Process

Once you have appointed us to mediate for you, we will issue the necessary paperwork and invoices. We will also request certain documents from you, which the mediator will read through prior to the mediation. On the day of the mediation, the mediator will start with an opening statement, this will include introductions, ground rules, explaining their role and the process. This will be followed by a series of joint and private meetings, until an agreement is reached.

Yes and no, we have found that it is very constructive to see parties together, it allows for better speed, accuracy, for a better flow and for dialogue to be established. Therefore at the start of the mediation we would prefer to see parties together for a brief meeting, just to explain the ground rules and so forth, if you have an objection to seeing the other party face to face, we won’t make you, and can undertake the mediation process by seeing you both separately.

Most mediations take place at one of the parties, or their solicitor’s offices if they are legally represented. If the parties are unable to provide the venue, then Effective Dispute Solutions Limited will arrange the venue which will be easily accessible to all who are party to the dispute, the cost, of which will be equally shared by the parties. Various county courts across the UK provide rooms free of charge for mediation purposes, where the parties require a neutral venue and where possible we shall arrange for the venue to be a county court, thus providing a cost saving for the parties. We can also provide mediations by way of the Zoom platform, or over the telephone.
You do, unless you want us to appoint one for you, after discussing your dispute with us, we shall be in a position to suggest a mediator who would be suitable for your dispute.

Our national panel of mediators have all been through an accredited mediation training course, are insured and supervised and come from a variety of professional backgrounds, such as Judges, barristers, solicitors including partners in national and regional law firms, academics, lecturers, architects, accountants, surveyors, dentists, HR professionals, senior managers and directors with several years of business experience in the UK and overseas.

The mediator has no power to decide or impose their solution upon you, so you do not have to agree with them. There is no obligation to agree to anything you are not entirely happy with; any agreement made will be your agreement.

The Mediators Role

The mediator is there to provide the parties with an ear, and to assist improved communications. Their function is to facilitate any discussions and to manage the process. Whilst remaining independent throughout.

Court, Solicitors & Mediation

Mediation can still be used even if court proceedings have been commenced, in most cases the court will stay proceedings to allow parties to mediate.
It is always wise to seek legal advice so that you can ascertain what the likely strengths and weaknesses of your case may be, however it is not necessary to have or to attend mediation with a solicitor. Some parties have their solicitors if they are represented on standby over the phone, to reduce attendance costs.
We cannot and will not provide you with legal advice, as mediators we are independent.

Although your opponents may have a solicitor you will not be disadvantaged for not having one, part of our roles as mediators is to ensure that the mediation is undertaken in an even handed manner and to prevent / stop any sort of imbalance of power should it surface.

Mediation Training

Call us, or arrange for us to call you. We shall discuss why you wish to become a mediator and help you to decide whether becoming a mediator is right for you. As well as which accredited training programme to undertake through us. See our commercial, and workplace mediation training pages for full details.

Mediation Benefits

There are several benefits of mediation when compared to civil / commercial litigation or other more formal practices, the main ones are as follows; it is cheaper, quicker, less stressful, less damaging, you control the process, it is confidential and is without prejudice.

Mediation Costs

The earlier you decide to use mediation, the more likely you are to see an increased saving.

The usual practice is for both /all parties who are in dispute to pay equally towards the mediation fee. Very rarely but it has been known for one party to pay the whole mediation fee, where the others who are in dispute, refuse to, are unable to.

Mediation fees and any associated costs of the mediation, i.e. catering, room hire must all be paid upfront in one payment. If need be payment can be made in instalments. This will be in only exceptional circumstances. However the total fee must be paid prior to the mediation taking place. Without the respective fees, the mediation shall not take place, where a cancellation charge may then become payable.

Telephone Mediation

Telephone mediation works exactly like a physical face to face mediation works. The only key difference is the method, doing it via a telephone. The mediator simply conferences in all the parties and mediates how they would normally. The process will include the mediators opening, and a series of private and joint telephone conversations as appropriate. Any agreement is drawn up and emailed over to the parties.

Online Mediation

Online mediation works exactly like a physical face to face mediation works. We use the Zoom platform. For which there is no cost. The mediator simply sends all the parties in advance a sign in link and password. The process will include the mediators opening, and a series of private and joint video conversations as appropriate. Any agreement is drawn up and emailed over to the parties. 

The Mediator Can

The mediator can listen, assist in communications, coach the parties on how to package and relay offers, & guide them towards a settlement. 

The Mediator Cannot

The mediator cannot impose their views or opinions on the parties.  They must not give legal advice, or impose a solution on the parties. They must also maintain confidentiality at all times.  

Mediation Areas

We have mediators who live and work across the whole UK. Therefore, we can get a local mediator to you within days if need be. With the Zoom platform, your location no longer really matters. As no matter where you are in the world, we can just dial you in, and mediate for you.

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