We offer mediation services where an independent Mediator will facilitate a resolution of a dispute between two or more parties.
What is mediation?
Mediation is a form of alternative dispute resolution (ADR) that avoids costly adversarial litigation that only allows for one winning party. Litigation can be very time-consuming and take years for a result to be achieved. Mediation meetings can be organised very quickly before the parties become entrenched in their positions.
Who is mediation for?
Mediation is a benefical process for anyone in dispute. Be that with a family member, a partner, work colleague or business associate. The aim is to parties to air their grievances and work together on a resolution - perserving their relationships.
Principles of mediation
The principles of mediation can be summarised as follows:
the role of the mediator is to facilitate the parties reaching agreement
the mediator does not arbitrate or decide who is right or wrong, but remains neutral
the disputing parties must enter the process in good faith and wish to achieve a settlement through mediation
the proceedings are confidential and information disclosed during the proceedings will not normally be able to be used in court
the mediation meeting is as informal as possible although the mediator will lay certain ground rules at the beginning
parties are not “represented” in the same way as in a court or tribunal although a legal adviser may accompany the parties if they wish
the mediator will encourage the parties to say how they feel; only one person will be allowed to speak at a time
normal standards of politeness and decorum are expected and personal attacks are not allowed
the parties to a dispute may both gain from a settlement and the mediation process enables them to both see what they have to gain
in some cases the result of the mediation will be that one or both parties decide to go to law. This is not necessarily a failure, it might be that during the process it becomes apparent that the parties have no interests that can be used as the basis of an agreement
mediation is voluntary and either party involved in the mediation may exit at any time the mediator cannot impose a solution on the parties
the success of mediation is not guaranteed: it depends on the desire of the parties to try to reach a solution.
Regency Mediation Scheme
Our mediation scheme uses principles of both interests-based and rights-based mediation to resolve disputes between dentists in general practice (see below). The style of mediation that is chosen by the mediator will depend on the circumstances and nature of the dispute. Normally an interest-based mediation will be used first and, if that does not lead to resolution, non-binding rights-based mediation may be used.
Regency mediators are experienced Advisers who have been specifically trained in mediation techniques. Usually one mediator will deal with each case but on some occasions it will be appropriate for two mediators to be present to undertake co-mediation.
The meeting will be conducted “without prejudice”. Everything that is written or said about the dispute prior to and during the meeting is confidential and should not be used subsequently by either party. The mediator’s notes would not normally be subject to a subpoena and the mediator is unlikely to be called to give evidence in court.
In some circumstances, mediation may be offered where litigation is in its very early stages. In other cases, the parties will also be asked to give a written undertaking that they will not proceed to litigation until the mediation process is at an end.
Interests-based mediation involves a neutral third party mediator helping the parties resolve their conflict by:
talking together in a non-adversarial situation
identifying interests which may not be apparent at the outset
brainstorming options that satisfy some or all of these interests
selecting one option that is the best possible solution
closure (either agreeing one option or ending the mediation without agreement).
The mediator’s role is to facilitate communication between the parties to encourage a mutually acceptable solution (that preserves their relationship). A crucial component of the mediation is to give both parties the opportunity to tell their story in their own words and to express how they feel. In many cases listening to the other party and responding can lead to an appreciation of the other person’s viewpoint which is the basis for reaching agreement.
Rights-based mediation is offered where interests-based mediation has failed to obtain a resolution or in some cases instead of interests-based mediation. Rights based mediation involves a mediation meeting at which the mediator will listen to the case put forward by both parties as well as their statements and attempt to obtain resolution by making a recommendation to the parties on a fair and reasonable solution.
The mediation meeting
The mediation takes place at a face to face meeting. The meeting will be scheduled to last for up to six hours, although either party may leave at any time (subject to a request that they allow the mediator five minutes of private discussion before leaving), or the mediator may terminate the meeting. The mediation might continue over more than one day.
The mediation will be conducted according to the normal rules of courtesy and behaviour. Only one person may speak at any time and participants should refrain from personal insults. Mediations can often become emotional as they are an opportunity for the parties to express their feelings.
The meeting would normally be held at our Harley Street Practice or another mutually agreeable venue at a date and time convenient to the parties. If either of the parties wish to suggest a venue which is more convenient to them, it must have at least two rooms that are available for up to six hours, one of which must be large enough to accommodate six people comfortably around a table. Suitable catering will also be required.
Parties have the right to be accompanied to the meeting by a friend or relative. The mediator will encourage the parties to speak on their own behalf.
Resolution is achieved
Should mediation lead to an agreed settlement, the mediator will write some heads of agreement for the parties to take away from the mediation. Where appropriate, letters of assurance will be written and exchanged.
The resolution (in the form of a Statement of Settlement) will be confirmed in writing to the parties within three working days of the settlement.
Resolution is not achieved
Where resolution is not achieved the parties can go to law if they wish. We do not offer an arbitration service.
The cost of mediation is £950 for a full day.
If both parties to the dispute wish to request mediation, then please contact us on 0800 246 1017 or at firstname.lastname@example.org
We are happy to provide further information on any aspect of the process.