Frequently Asked Questions
- What is mediation?
- Where people or companies or other organisations are having difficulty resolving a dispute or disagreement they invite a neutral person known as a mediator to help them reach a solution.
- What are the advantages of mediation?
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- Mediation is a quick, informal and straight-forward way of settling disputes.
- The people involved (generally referred to as the parties) remain in control of the outcome.
- The proceedings are conducted in private.
- The mediator is trained to help you negotiate an acceptable settlement.
- Mediation is a lower cost option to court action.
- Most mediations are successful. Even if the mediation is unsuccessful you have neither prejudiced nor sacrificed your legal rights.
- What kind of disputes or disagreements can be addressed by mediation?
- Mediation can help solve almost any kind of dispute - within families or communities, between neighbours, work colleagues or companies:
Commercial Mediation is involved with businesses in conflict over such areas as contracts of sale, property, patents and trademarks, personal injury and negligence.
Workplace Mediation can address disagreements about employment contracts, working styles, roles, responsibilities and pay as well as allegations of discrimination or harassment.
Family Mediation helps couples at any stage of separation or divorce to deal with such issues as the care of children, property and financial matters. Mediation can also apply to disputes involving a variety of other family relationships.
Community or Neighbourhood Mediation can help solve conflict between neighbours (such as noise nuisance, harassment or boundary disputes) or issues arising with local councils, schools and health authorities.
- When can mediation be used?
- Mediation can be used at any stage in a dispute where the people involved feel that an independent person may help them avoid matters getting out-of-hand and thereby involving even more time, stress and money.
- How do I find a mediator?
- Shire Mediation can help you find a mediator suitable for the dispute in which you are involved. Many professional organisations have lists of qualified mediators. These may be nationally or regionally based. Many have websites which help in the search for an appropriate mediator. Also your local Yellow Pages will have a list of mediators in your area. Alternatively, for civil and commercial disputes you can contact the National Mediation Helpline on 0845 603 0809 (www.nationalmediationhelpline.com) or for family disputes you can contact the Family Mediation Helpline on 0845 602 6627 (www.familymediationhelpline.co.uk).”
- What are the qualifications of mediators?
- All accredited mediators have completed comprehensive training by a recognised training organisation and have gained formal accreditation to carry out mediations. Jane and Bob Shire of Shire Mediation achieved accreditation at two of the UK’s largest and most respected training organisations, ADR group and the Centre for Effective Dispute Resolution (CEDR).
- How do I start the mediation process?
- Once those involved in the dispute have agreed to try mediation, contact Shire Mediation or another mediation provider giving brief details of the problem. Alternatively you can contact the National Mediation Helpline (Contact details above).
- How soon can a mediation be arranged?
- Unlike court proceedings mediations can be arranged within just a few days.
- What happens in a mediation?
- Each mediator has their own approach but generally all will proceed as follows:
- The mediator will arrange a meeting at a convenient location
- When the parties are all present the mediator will explain in more detail how the mediation will proceed. He/she may well have already contacted you in advance.
- The mediator will then ask each party to summarize briefly the dispute as they see it.
- At this point the mediator may well suggest a series of confidential private meetings with each of the parties, moving between these meetings and, if appropriate, bringing the parties back together again for a joint session.
- By this process the parties move towards a settlement of the dispute at which point an agreement is drawn up and signed at the meeting.
- Where is the mediation located?
- The mediation is arranged by the mediator at a location convenient to the parties. Either you or the other party may provide rooms or alternatively Shire Mediation or whichever mediation provider you are using can arrange neutral facilities for the meeting.
- Will mediation work?
- Experience shows that mediation has a high success rate but of course there can be no guaranteed outcome. The mediator is there to help but it is up to the parties involved to develop their own agreement.
- What will mediation cost?
- This will vary depending on how complicated the dispute is. However the parties share the cost of the mediator whose basis of charge will be known and agreed before the mediation starts.
- What happens if the other side refuses to mediate?
- You may ask your mediation provider, such as Shire Mediation, to try and persuade the other party to agree to try mediation. Consider referring them to this website for information on the benefits of mediation and the straight-forward way disputes can be settled by using this process.
- How long does mediation take?
- This depends on the complexity of the dispute and the number of parties involved. Most mediations do not last more than a few hours.
- What happens if there are more than two parties in dispute?
- Mediation is very flexible process and ideally suited to multi-party disputes. By bringing all the parties together there is an opportunity to reach a mutually satisfactory settlement.
- How can I contact Shire Mediation?
- Click Summary and Contact Information tab for all the contact details.
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