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FAQ


Mediation FAQs

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

What are the benefits of mediation?
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.

How much money and time can I save?
The earlier you decide to use mediation, the more likely you are to see an increased saving.

What if court proceedings have been commenced?
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.

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

I want to mediate, but the other side do not, what can you do?
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.

Who chooses the mediator?
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.

Who are your mediators?
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.

What type of mediation is suitable for my dispute?
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.

Does mediation give me a binding decision?
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.

Why should I use Effective Dispute Solutions Limited?
Effective Dispute Solutions Limited is led by Harvinder Singh Bhurji, who has been mediating for over nine years, in that time he has mediated disputes across a wide range of sectors, which have varied in complexity, value (a few thousand 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.

Do I need a solicitor?
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.

Can you provide legal advice?
We cannot and will not provide you with legal advice, as mediators we are independent.

The other side have got a solicitor but I have not, does that mean they will have an advantage?
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.

Where do we mediate?
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.

Who pays for the mediation?
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.

When is the mediation fee payable?
Mediation fees and any associated costs of the mediation, i.e. catering, room hire must all be paid upfront in one payment preferably, if need be payment can be made in installments, 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.

Is mediation confidential?
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.

Do I have to face the other party?
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.

If you do not agree with the mediator?
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.

Will mediation work?
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.

Where can I find it?
If for whatever reason, you cannot find what you are looking for contact us for a free, no-obligation, and confidential discussion we would be only too happy to help.