What is ADR and mediation?
Alternative Dispute Resolution (ADR) embraces all those methods of resolving disputes that are alternative to the formal processes of litigation and arbitration. This includes third party assessment right the way across to straightforward negotiations.
Mediation, the most common form of ADR, involves the participation of a neutral mediator to assist the parties in the dispute to reach a settlement. Mediators are not there to make decisions. It is a voluntary process that is aimed at getting the parties to reach a binding agreement when direct negotiations fail with fewer costs, less disruption to management time and often with better solutions than litigation. It is confidential and in no way prejudices the parties' rights outside the mediation. Mediation cannot guarantee a settlement although the vast majority of disputes do settle either in the mediation or shortly afterwards.
How does it work?
You can write to or telephone an organisation offering mediation or you can appoint a mediator direct. Everyone involved in the dispute must agree to mediate and sign a simple agreement. You will need to provide a short summary of the dispute and details of who is involved. You will be asked to prepare a brief written statement setting out the facts annexing any important documents.
Usually, but not always, the parties and their representatives begin by meeting together with the Mediator. The Mediator tells you more about the process and how he or she intends to proceed. Each party or their representatives will explain their case, limited usually to a brief introduction. The Mediator then talks privately with each party in separate rooms. The Mediator continues to meet privately with each party or in further joint meetings until a settlement is reached or that constructive dialogue is no longer possible. Mediators will not tell you what to do or advise you if a settlement is just or fair. The case will only be settled when and if parties are all satisfied. Once the details of the agreement are written down and signed, it becomes a fully enforceable argument.
Who are the mediators?
Mediators come from a wide variety of professional backgrounds. They are individually trained by and accredited to a number of different organisations listed below. Once Mediators have finished their assessment to include a period of training acting as a Co-Mediator they become Panel Mediators available for appointment or nomination by each of the mediation providers. If you do not wish to agree on who should be the Mediator from our list, and you would like one of them to refer the details of an appropriate Mediator appointed, you should contact one of the other mediation providers. Alternatively you can use the Court Schemes referred to below.
Primary Mediation Providers
Academy of Experts
3 Gray's Inn Square, London WC1R 5AH
Tel: 020 7430 0333
Fax: 020 7430 0666
Email: fmadr@academy-experts.org
Web: http://www.academy-experts.org
Trains and lists mediatiors, mainly technical and non-legal.
ADR Group
Grove House, Grove Road, Redland, Bristol BS6 6UL
Tel: 0117 946 7180
Fax: 0117 946 7181
Email: info@adrgroup.co.uk
Web: http://www.adrgroup.co.uk
Trains and appoints mediators, mainly legal.
CEDR
International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU
Tel: 0207 536 6000
Fax: 0207 536 6001
Email: info@cedr.co.uk
Web: http://www.cedr.co.uk
Trains and appoints mediators, mixed legal and non-legal.
Chartered Institute of Arbitrators
International Arbitration Centre, 12 Bloomsbury Square, London WC1A 2LP
Tel: 020 7421 7444
Fax: 020 7404 4023
Email: info@arbitrators.org
Web: http://www.arbitrators.org
Trains and appoints mediators, mixed legal and non-legal.
The Law Society
50 Chancery Lane, London WC2A 1SX
Tel: 020 7242 1222
Fax: 020 7405 9522
Email: panels@lawsociety.org.uk
Web: http://www.lawsociety.org.uk
Lists mediators passing assessment and primarily solicitors.
Royal Institute of Chartered Surveyors
12 Great George Street, Parliament Square, London SW1P 3AD
Tel: 0171 222 7000
Fax: 0171 222 9430
Email: drs@rics.org.uk
Web: http://www.rics.org.uk
Appoints mediators, primarily RICS members
Some of the other providers are listed in the Links section. These are private providers supplying specialist mediators. Other specialists organisations exist; for instance, with ACAS in industrial disputes, and the FMA in family disputes. If in any doubt, advice should be taken as to the most appropriate source of Mediators.
The Association of Northern Mediators
This exists to promote the use of mediation to resolve civil and commercial disputes throughout the North of England. It provides, at no cost, lists of Mediators divided up into local groupings. Mediators are chosen by the parties, not the Association. There are no appointment fees and an advice line gives impartial information on how mediation works.
When to mediate?
Mediation can be used at any time although the earlier it is used the more cost effective it becomes subject to everyone having sufficient information about the arrangements. Standard directions in many Courts now have a mediation clause if the parties wish to use it and the new Rule of Court 26.4 effective from April 1999 will allow the Court either on its own initiative or at the request of both parties to schedule a break in the case timetable of litigation specifically to try mediation. The inherent jurisdiction of Arbitrators will allow similar opportunities.
Mediation Schemes
Some Courts may operate fixed price mediation schemes and advice should be obtained on whether a scheme operates in your area. These schemes do usually provide a way in which Mediators are nominated. Details of existing schemes are published on this site.
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