Typical Mediation Process

Dispute / Conflict

[Proceedings can be issued before or after invitation to mediate/mediation]

Invite Other Party to Mediate

Suggest a Mediator for joint appointment

[If Live Proceedings, Ask Court to Stay Proceedings for Mediation

  • at allocation stage, via letter/email or at a hearing]

Appoint Mediator

Split fee equally between parties

Agree venue & other details

Speak to Mediator

Exchange Position & Interests Statements


Mediator and each party present sign mediation agreement

Negotiation Facilitated by Mediator

Joint Session (all parties, Lawyers and Mediator – where agreed)

Private Sessions in Separate Rooms (party, Lawyer and Mediator)

Lawyers and/or Experts sessions (where needed)

Settlement Agreement Drafted & Signed — OR — Parties Walk Away

Follow Up Settlement — OR — Court Case resumes

It typically takes one day to resolve a dispute using mediation (in 76% of cases according to the CEDR Commercial Audit 2018. Another 13% are resolved shortly thereafter. Only 11% proceed to court after mediation. The vast majority of those still see the mediation as having been beneficial to the case).