ECL Mediation Frequently Asked Questions

​With the agreement of all participants, you can mediate at any time, whether or not proceedings have been issued at court or whatever stage those proceedings have reached

Facilitative mediation is the original style of mediation where the mediator seeks to facilitate negotiation between participants. The overall goal is to seek to help participants achieve a settlement which meets their interests and to reach a durable agreement

​Civil or commercial mediation is an effective method of resolving disputes between two or more parties using civil mediation processes, rather than for example the family or workplace mediation model 

Participation in mediation is voluntary and the process is private and confidential, bringing a structure which ordinary negotiation often lacks. Mediation offers a cost-effective way by which an independent third-party neutral helps reach a form of settlement which all participants can live with

Mediation will take place at a location which suits each of the participants, usually making use of separate spaces or rooms to allow meetings of all participants and then also private discussions to take place between the mediator and individual participants

The cost of mediation includes the mediator’s fees (as set out in more detail here), and any room hire, subsistence and travel costs as appropriate. Usually the participants will each share the costs of the mediator and any room hire, and will pay their own costs for any legal or other representation

Information shared by participants with the mediator either before or during the mediation will remain confidential between the mediator and the participant sharing the information, unless express permission is given by the relevant participant that information should be shared. Any information shared with other participants either before or during the mediation is confidential and without prejudice, meaning that it can’t then be used later in any legal action 

The role of the mediator is to be independent, experienced and neutral, but also through the application without favour of an agreed process to facilitate willing participants acting in good faith to reach an acceptable settlement

​It isn’t the mediator’s role to, nor should they, advise participants on the terms of any potential settlement or its fairness or otherwise  

Settlement via mediation is binding on participants and is most usually documented and signed by each participant so as to provide an unambiguous record of what has been agreed

Where settlement hasn’t been achieved through mediation and a dispute proceeds to court, the costs of mediation may on occasion be awarded to the winning party in judgement

Courts encourage the use of mediation where possible and in some circumstances will take into account any refusal to engage in mediation as an alternative method of dispute resolution when considering an award of costs against a party

ECL Mediation maintains full Public Liability Insurance

ECL Mediation’s mediators are fully qualified and accredited by the Civil Mediation Council 

A participant may pause or cease their participation in the mediation process at any time 

The mediator will make contact with each of the participants ahead of the mediation to ensure that arrangements for the mediation are fully understood, together with the background to the dispute and the mediation process

Depending on the complexity of the mediation, written information or positioning statements may be exchanged between participants and the mediator prior to a mediation. In simpler mediations this may not be necessary

If participants wish to receive legal or other advice during the mediation, they should either bring legal representation with them to the mediation or make arrangements to be able to contact them. Where legal or other representation is included within the mediation, relevant details should be provided to the mediator in advance. All individuals attending a mediation will be required to enter into a confidentiality agreement

Participants may bring other representatives or support to the mediation, subject to limitations on numbers and space. Prior to the commencement of a mediation all attendees will be required to sign a confidentiality agreement and also confirm the basis on which they are attending

Mediation isn’t successful or even suitable in all cases and agreement isn’t always reached. In such circumstances, confidentiality remains in place after the end of mediation and all discussions are without prejudice – i.e.: cannot be used later in any legal action
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​If settlement is likely to be reached either after the conclusion of a mediation or through further mediation meetings, the mediation may with the agreement of participants remain open for an agreed period of time

The mediator will discuss and confirm with all participants the nature, content and timing of information (if any) which should be exchanged ahead of the commencement of a mediation