Seeking Mediation? Association of South West Mediators

This section may be useful if you are looking for a mediator or information about mediation to help resolve a dispute.

mediation v litigation? - ASWM mediators - civil & commercial - family mediation - public service mediation

How mediation differs from litigation

Once negotiation fails, most parties involved in disputes use litigation to arrive at a definitive outcome. Traditional litigation has a number of drawbacks:

It is often costly - financially, organisationally and emotionally
It is very often time consuming, not only for the immediate parties involved, but also for many other individuals - witnesses, colleagues, family members, experts and advisers
The outcome will usually be based on a strict interpretation of the law
It is adversarial and confrontational

Litigation frequently does not give an opportunity to the parties to express themselves, and the wider interests and needs of the parties are seldom addressed by this conventional approach. In particular, factors outside the scope of the matter under litigation are not able to be considered by the court, even though they may be fundamentally important to the parties.

By contrast,

Mediation is voluntary, but refusal to mediate can give rise to cost sanctions.
Courts actively encourage parties to consider mediation.
Mediation is confidential and 'without prejudice' (nothing said in the mediation is admissible as evidence in legal proceedings).

Any settlement reached is binding once put into writing and signed by the parties.

Throughout the mediation process, decision-making rests with the parties. During mediation, parties are helped to identify and analyse issues, reduce obstacles to communication, recognise information needs. Mediators, who are neutral to all parties, explore alternatives and focus on the needs and interests of those most affected by the dispute. Unlike court proceedings, mediation involves the direct participation of the parties, who often work alongside instructed legal representatives.

Mediation has a number of advantages over litigation processes:

Successful - a high percentage of civil and commercial mediations achieve settlement.
Quick - Quick - most mediations are arranged within a few weeks (or even more quickly) and the formal mediation session usually lasts for only one or two days, although family mediations can last longer.
Cost effective - compared with litigation, mediation is a less expensive route to resolving disputes.
Gives parties control over the process and the outcome.
Informal and flexible - the process is free of the restrictive Court procedures and can be adapted to meet the needs of the parties.
Can run alongside litigation or you may prefer to put the litigation process 'on hold' while you mediate.
Can maintain relationships far more effectively than litigation.
A wide variety of settlement options can be achieved in mediation over and above monetary settlements.

ASWM mediator service

Impartiality, integrity and professionalism are key qualities of any good mediator. ASWM offers panels of fully accredited mediators recruited from specialist professional backgrounds. We are able to make sure you are offered the right mediator in terms of experience, location and cost for your dispute. Fees will depend on the type and complexity of the dispute, the level of expertise of the mediator and the amount of time the mediation is expected to take.

If you want us to nominate a mediator, you are welcome to contact us.

Civil and Commercial mediation

Mediation offers parties involved in civil and commercial disputes an alternative to litigation, where qualified and professional mediators enable parties to arrive at their own settlement through informed and fair negotiations. Mediators are neutral and independent and through a balanced process ensure that parties have the space and freedom to express themselves and make their views heard.

Mediation is not a substitute for legal advice; but parties can be supported through the mediation process by their legal representatives.

Civil and Commercial mediators deal with disputes arising from all aspects of civil and commercial law, although Public Sector matters are dealt with by specialist Public Sector Faculty mediators - see below.

The Civil and Commercial Faculty has been accredited as a mediation provider by the Civil Mediation Council. This means that all our Faculty Panel members have been accredited by accredited training organisations, have complied with the Faculty's continuous professional training requirements, have adequate experience and subscribe to the Association's ethical codes and the European Code of Conduct for Mediators 2004.

Family mediation

Family mediation is a process in which one or two experienced and qualified mediators help a couple to reach joint decisions on one or more matters relating to their children, finance and property.

The focus of mediation is the future, i.e. the concrete issues that need to be resolved for the couple to be able to move forward.

The Ministry of Justice is keen to promote public awareness of mediation and other alternatives to court and help the public to understand how these processes may help them as they separate and divorce.

From 6th April 2011 in accordance with the protocol set out in the Family Procedure Rules 2010 anyone making an application to the court concerning contact with or residence of their children and everyone making an application to the court to sort out finances following separation will have to attend an assessment appointment to consider the possibility of mediating. The hope is that once they know about it people will be keen to try mediation. In our experience this is generally the situation. Typically on separation parties head off to a solicitor, letters go backwards and forwards, conflicts become entrenched and costs rise and the word "mediation" has not been mentioned Once people know what mediation involves they are often keen to engage in a process which gives them the freedom to move on with their life, helps them ensure that their resources are used for their family and home rather than to fund expensive litigation, helps them retain choice and control over their life and assists them in establishing reasonable communication with their ex partner about their children.

The rules put those who are not eligible for legal aid in the same position as those who are eligible. It has long been the situation that anyone applying for legal aid for a family matter has to attend an assessment meeting for mediation. There are exceptions to the need to attend, for instance if there has been domestic abuse leading to a police investigation or use of civil proceedings within the last 12 months. The other exceptions can be discussed with a mediator when considering an appointment.

The Association of South West Mediators has a panel of highly experienced family mediators, each of whom is accredited by recognized training organisations, have complied with the Faculty's continuous professional training requirements, have adequate experience and subscribe to the Association's ethical codes and the European Code of Conduct for Mediators 2004. Most are willing to perform both publicly and privately financed mediations.

Public Services mediation

In its simplest form mediation assists in resolving disputes in a structured informal way rather than going through formal processes, encouraging a win/win outcome rather than a win/lose conclusion to a formal procedure.

It can be used to resolve difficulties within the work place for example between:

Members of staff
Staff and management
Staff and customers/members of the public
In schools between Teachers and Parents, Head Teachers, Governors, other professionals, between parents and children

The disputed areas may involve:

Racism
Homophobia
Disability
Religion
Gay, Lesbian, Bi-sexual, Transgender and Gender issues
Other areas of Discriminatory Practice
Inadequate or inappropriate support for Special Educational Needs provision
Stress at work through relationships or actions of others within the workplace

All mediators within this faculty will have experience of mediation cases in relation to a wide range of disputes involving services to the public, including Equal Opportunities.