Many different types of disputes are resolved through civil and commercial mediation, such as those involving contracts, professional negligence, education, landlord and tenant, copyright and IP, personal injury, consumer complaints, holidays and healthcare. This list is not exhaustive and civil and commercial mediators also sometimes assist with broader community issues such as neighbour disputes.
Mediation can be used at any stage before going to court but it should be undertaken voluntarily and with the genuine mindset on both sides to reach a workable compromise.
Compared to going to court, mediation provides a quicker and less costly means of settling disagreements. In a more comfortable and relaxed environment than a courtroom, it employs a tried-and-tested procedure during which an unbiased mediator assists those in disagreement to come to a mutually agreeable resolution. Parties at an impasse have the opportunity of resolving their differences amicably and can often continue their business/ personal relationships after the process. This is a rare outcome in an adversarial judicial process.
Mediators cannot give legal advice, a solicitor is responsible for this. If litigation has begun already solicitors may become involved in the mediation process alongside the parties. It is also common for ad-hoc legal advice to be sought at any stage during the process and solicitors often draw up the binding settlement agreement once a resolution has been agreed (the mediator cannot do so).