Mediation is where you use a trained mediator to help you reach an agreement with the other side in your dispute. The mediator is impartial and there to help both sides to focus on the practical and legal issues that need to be sorted out.

Everything you say to a mediator will be confidential and only shared with the other side if you give them permission to do so.  Also, everything said in mediation is private and cannot be used in court later if you are unable to reach an agreement. This means you can speak freely without the worry that it could be used against you later.

For legal mediation to be successful, usually both sides have to be willing to listen to the other’s point of view, and to work together to find a solution. Being willing to compromise a little is important too. 

Mediation is very flexible. What it looks like and how it works can vary depending on the needs of the people involved. 

Sometimes you meet with the mediator face-to-face, but increasingly mediation is offered over the phone or online via video call. 

For people involved in small claims, the mediation is limited to one hour and is by telephone, with the mediator speaking to each side separately. 

In other types of mediation, you usually meet with both the mediator and ‘the other side’ in your dispute at the same time. 

Sometimes you can meet with the mediator separately, and they go between the two sides to help you reach an agreement you are both happy with. 

The mediator helps you to consider different possible ways to solve the problem and supports you to discuss what might be a fair outcome for you both. They will not take sides or decide what is fair for you - they are there to help you reach an compromise that you can both live with. 

Mediation works best when you are well prepared for it. See How to prepare for mediation.

You don’t have to reach an agreement. If you have managed to agree some issues but not others, the mediator will record what has been agreed and what still needs to be sorted out.  See What to do if you can’t agree.

The advantages of mediation 

1. Reduces conflict
Because mediation is focused on solving the problem through discussion and listening, it sometimes reduces the conflict involved in the disagreement. This can be really useful if you might still see each other. Going to court often makes the conflict worse.
2. Quicker
It is usually much quicker than going to court. As it can take up to a year or more for your case to be heard by a judge. You can usually start mediation within a few weeks, and usually people are able to reach an agreement the same day.
3. Cheaper
It can be much cheaper than going to court, even if you don’t have a solicitor to help you. The mediation fee is sometimes cheaper than the court fee. Mediation offered by the court to people involved in a small claim is free! 
4. Less stressful
It is usually less stressful than learning about the law and doing all the things you need to do in a court case, particularly if you are doing it by yourself/without a solicitor.

5.  Better outcomes
You are more likely to actually receive the outcome (sum of money, apology, change of practice, etc) that was agreed to in mediation than you are to receive the outcome ordered by the court. That is because people usually keep to mediation agreements. They sometimes don’t comply with court orders, which can mean you have to take another court claim to enforce the order the court made.
6. Confidential
The discussions are private between you, the other side and the mediator, and any agreement you reach is confidential. 
7. Flexible
Mediation allows for creative and flexible ways of solving the problem. This might involve one of you paying the other money, but equally you may agree for one side to apologise to the other, or change their process so that the same thing doesn’t happen to someone else.
8. Can reduce the legal costs you may be ordered to pay
If you are already involved in a court case, offering to mediate can reduce the legal costs you may have to pay at the end of the case. Please read our guide to legal costs in a small claim or fast-track case.

Mediation for a civil legal problem is usually voluntary, something both sides have chosen to do. This is important, as to come to an agreement, both sides usually have to want to resolve the problem.  

However, mediation is now compulsory for people involved in a small claims case, where the value of the claim is less than £10,000. 

In other civil cases, judges can now also order the sides to mediate.

Some civil mediation is free. For example, if you are involved with a small claim, you will be offered free mediation from the Small Claims Mediation Service (see below for more detail).

You sometimes have to pay for neighbour mediation, but sometimes your local authority has a free service you can use. Other councils offer neighbour dispute mediation at a reduced cost.  Check what help your council offers on their website, or phone the council and ask.

You usually have to pay for mediation for other types of disagreement. If you have a disagreement over breach of contract, intellectual property (trademarks, copyright etc.), defamation, or personal injury, or a client who didn’t pay their bill, you will both usually have to pay. The charge is usually the same for both (or all) sides in the dispute.

How much it will cost is usually based on:

• the value of the claim (just as court fees depend on the value of the claim), or
• how much time is needed for the mediation, or
• a combination of the two.

It’s OK to phone or email around and compare prices. You will often have to explain a bit about your case as this will affect how much time you will need. The mediator should tell you in advance how their fees work and should also make it very clear what you will need to pay and when.  

Because it is hard to know in advance how long it will take to reach an agreement, this can make some people very nervous about paying by the hour. 

However, both sides are paying for the mediation so it is in everyone’s interests to come to an agreement quickly where you can. 

To make mediation affordable to individuals and small businesses, some mediators have signed up to the Fixed Fee Mediation Scheme. These mediators offer a service based on the amount of money you are arguing over. Prices start at £90 for each side for a one-hour mediation of a claim of up to £5000, or £150 per side for a two-hour mediation of a claim of up to £5000 (there prices include VAT). These will be held by telephone or video link. For higher-value claims, which might be held in person, more time is allocated and higher amounts are charged. Find out more, and search for a fixed-fee mediator near you, on the Civil Mediation Council’s website.

Expect your mediator to ask you to pay before the session.

You can start mediation as soon as it is clear that you might need help to resolve the problem. It can be helpful to do it sooner rather than later, before views harden and relationships sour.

You can mediate both before you start the process of taking the issue to court, or you can try mediation after you have started the process at any time before the final hearing.

The court expects you to have tried to solve the problem informally before you start a court case. So you should have already tried to talk to the other side about the problem and see if you can come to an agreement. If there is an informal process to use, like a grievance procedure or complaint process, you usually have to have tried that too.

If someone starts a small claim against you (a small claim is for a fixed sum of money of less than £10,000 - there are different limits for personal injury or housing), you are automatically referred to free mediation through the court’s Small Claims Mediation Service. This gives you up to one hour of free telephone mediation with the mediator going between you and the other side, to see if they can help you find an agreement. Mediation is now compulsory for people involved in a small claims case. 

It is important to prepare before you go for mediation. You can usually ask the mediator what they suggest you read and/or prepare before your appointment. You should certainly have the details of the dispute fresh in your mind. 

The mediator will need to prepare too, so will usually ask you for a summary of the dispute and what is important to each side – either in writing or over the phone.  

Think about what is most important to you – an apology, a commitment to change the way they work, or a particular sum of money?

Think about whether there are issues you would be prepared to compromise on. And think in advance about other solutions you might be willing to agree to – such as replacement items, future services, donations to charity, policy changes, and training. For example, mediation allows you to agree on things like how payments will be made, so consider if you might agree to shift on the amount of money you would accept (if you are the side bringing the claim) if it were paid promptly, or in cash - or to shift on the amount you would pay (if you are responding to a claim) if you could make the payment in instalments. 

Having a good understanding of how the law would deal with the issue will mean you feel more confident going into the mediation process. More importantly, it will help you make your case well, which will help you come to a settlement you can accept. If your case is about compensation, a breach of contract, money owed, or personal injury – read Should I sue someone?, if you haven’t already. It will help you understand how to value your claim, and what you will need to back up your argument (for example, how you can prove the contract was broken, or the accident was their fault, and how you can prove how much your expenses were). If your case is about something else, make sure you understand your legal position. Speak to a solicitor or adviser if you can. If you are unable to get expert advice, read as much as you can about what the law is and think about how it applies to your case. You will be able to find quality information on most areas of the law on Advicenow.

It is stressful and draining to try hard to reach an agreement but then not succeed. If you feel you have got to this stage, try not to give up.

If the other side is unwilling to come to an agreement that you are willing to live with, or is unwilling to compromise when you already have, it is usually best not to make an agreement that you think is unfair just to get it over with.

Often, even where you haven’t been able to make an agreement, the mediation will have helped narrow down the points you disagree on, which can make your next steps simpler.

It is actually quite common to receive an offer to settle soon after mediation, when everyone has had more time to think about it.

You may need to get some advice from a solicitor or adviser on what to do next, if you can afford to. See the section called More help and advice on mediation. 

You could engage a solicitor to negotiate on your behalf. Or you could explore another alternative dispute resolution process. Some alternatives, such as ombud services, will not take on a complaint that has already been to court.

It may be that you have no choice but to take the issue to court. Going to court is a lot of work, even more so if you have to represent yourself throughout the process. But sometimes there is no substitute for a judge making a decision about what is fair according to the law. Going to court can sometimes be the best (or only) way to get powerful people or organisations who have done the wrong thing, to do the right thing. For most types of case, you will be able to find the quality legal information you need on Advicenow.

Does suggesting civil mediation make my case look weak?

Not at all. In fact, the courts strongly encourage people to try mediation. You are likely to be looked on more favourably by the judge if you’ve tried mediation first.

Is mediation better than going to court in every situation?

Mediation is usually suggested, or required, as a starting option and there are lots of reasons why it may help your case or be better for you in the long run. But it may not always be advisable, for example, in cases where you are at risk of violence or intimidation from the other side. If you are not sure about whether this is your best option, refer to the Advicenow guide, Sort out your legal problem before or instead of going to court. Or seek advice from a legal adviser using the information in our More help and advice section.

Can a mediation agreement be enforced like a court order?

Yes. Once both parties sign a written settlement agreement at the end of mediation, it
becomes a legally binding contract. If one side breaks it, you can take them to court to enforce that agreement.

Arbitration - this is process where you and the other side agree for an independent third party, the arbitrator, to make a legally binding decision about what you are unable to agree on.

Authority to settle – this is the term often used to mean the power or ability to make a legally binding agreement during the negotiation.

Case summary/case memorandum – a statement that outlines your position on the issues to be mediated. See How to prepare for mediation.

Civil – civil law means the law that regulates dealings between individuals, and individuals and businesses, like contracts and goods and services. This is different from, for example, criminal law, family law, or public law, which relates to government agencies.

Civil mediation – this is term sometimes used to refer to mediation about civil law issues.

Dispute resolution/alternative dispute resolution – ways of resolving disagreements or disputes instead of a judge making a decision in court. Dispute resolution includes complaining, negotiating, using mediation or arbitration services, and complaining to an ombudsman/ombud service. 

Legally binding – legally enforceable. If you sign a legally binding agreement, you must stick to it. If you don’t, you can be taken to court to enforce it.

Legal mediation – a commonly searched term that means mediation to solve a legal disagreement. The same as mediation on legal matters, civil law issues or family law issues.

Mediation law - a commonly searched term that refers to the rules and regulations that apply to mediators. Anyone can call themselves a mediator, so it is important to choose someone you can be sure is well trained and experienced. If you use the search tools on the Civil Mediation Council and the College of Mediators websites to find a mediator, you can be certain that the mediator is trained, that they follow a code of conduct to maintain good standards in their work and that there is a complaints procedure if you are unhappy with the service provided by the mediator.

Ombudsman/Ombud – somebody who has been appointed to look into complaints about companies and organisations. Ombud is the gender neutral term. See Advicenow’s guide to using alternative dispute resolution for more information.

Other party/parties – the other side (or sides) in the dispute.

Participants – all sides engaged in the mediation to try to resolve the dispute (you and the people you are in dispute with).

Position statement – a statement that outlines your position on the issues to be mediated. See How to prepare for civil mediation.

Settlement agreement – the agreement that the participants and mediation service will usually write at the end of the mediation if you have come to an agreement. If both sides in the dispute confirm that they are happy with it, the settlement becomes enforceable by law.

Without prejudice – a legal phrase which means that what you say ‘without prejudice’ to try resolve the disagreement cannot be used in court. Everything said or offered in legal mediation is ‘without prejudice’.

How to find legal advice to help with mediation

If you are a member of a Trade Union you may have access to free or discounted legal services as part of your membership. Check your Union's website for details.

Check your motor, household contents and buildings insurance policies. You may find you have access to free legal advice on a range of subjects as part of your cover.

Use the Law Society website to find a solicitor near you who specialises in your area of law. Look up the details of several solicitors and then use their websites or call around to compare prices.  

Another way to get legal advice is to speak to a barrister who is qualified to represent members of the public directly (without a solicitor being involved). There are limits on what a barrister can do outside of representation at court but it is often a cheaper option if you just want to get some advice rather than have a solicitor to negotiate on your behalf. The details of appropriately qualified barristers and an explanation of the way the system works can be found on the Direct Access Portal website which is run by the Bar Council. Don’t be afraid to phone around to compare prices.

Free help

If you could afford to pay for advice, you are very unlikely to be able to get free help from the organisations below.

RCJ Advice are able to help people from anywhere in England and Wales who have a case about most civil areas - breach of contract, a consumer problem, debt, a dispute with your neighbour or landlord, a small claim about money and more. They are very busy so unfortunately they cannot help everyone. Ask for an appointment by completing the civil assessment form that you can download from their website. Once you have emailed it to them, they will assess your advice needs and either make an appointment for you for the following week or give you details of who else can help you. 

Law Centres offer free face-to-face legal advice to local residents, and some run a telephone advice line. Find out if there is a law centre near you that can help you.

LawWorks supports a network of over 280 free legal advice clinics that provide initial advice to individuals on various areas of law, including social welfare issues, employment, housing, and consumer disputes. Use their search to see if there is a clinic near you offering advice on the area of law you need help with. In order to use the time efficiently, please see What to bring to your appointment at a LawWorks clinic (PDF).

Citizens Advice can offer practical advice on lots of issues. Their contact us page allows you to search for your local Citizens Advice service, and provides details about their national helpline, and their chat and other services. Be aware that the national helpline is not free. Calls are charged at the same rate as calls to landlines.

If you have not found a service, see Advicenow’s Legal advice and helplines for more ways of finding free legal advice.  

If you need to go to court

If you are thinking of going to court, Advicenow’s series about how you take or respond to a small claim or fast-track claim to court will be very helpful.

You may be able to get advice about your case from the above organisations. You may also be able to get further practical support or representation from: 

Support Through Court supports people going through the court process without a lawyer. Volunteers offer a free and confidential service at some court buildings. You can look at their website to see if they have an office at your local court. The volunteers aim to help you manage your own case yourself. They cannot give legal advice or act on your behalf, but can offer practical help such as going to your hearing with you and supporting you with forms/online processes. They can also help you if your hearing is by video or phone, by talking you through the process and sometimes joining the hearing too. They run a free national helpline 03000 810 006, open Monday to Friday 9.30am - 4.30pm. This is a good place to start for information on what they can do to help you.

Advocate is a charity that matches people who need free legal help with barristers who are willing to donate their time and expertise in deserving cases. They can help people from anywhere in England and Wales, with any legal issue as long as you are not eligible for legal aid, don’t have legal expenses insurance, and don't have enough money to pay for legal help. Find out more about how Advocate’s service works and apply.

Disclaimer 

The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland.

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.
 

Acknowledgements

This guide was written and produced by Advicenow. It was updated thanks to funding from the Ministry of Justice under the Online Support and Advice Grant. 

Advicenow would like to thank all those who provided advice and feedback on this guide,  and particularly editorial teams at Thomson Reuters who kindly peer reviewed this updated version.