What is mediation?
Mediation is probably the most common form of ADR and can be undertaken in all forms of dispute. It is strongly encouraged by the courts which may penalise a party which refuses to try mediation as a means of resolving a dispute.
Mediation involves an independent person (the mediator) helping the parties to consider both their position and that of the other parties to as to identify the heart of the dispute and whether there is any room for compromise and therefore resolution. The mediator does not make any decisions or judgments. They are there to facilitate agreement between the parties. Sometimes, if the parties request it, the mediator will provide an informal view about the merits of the dispute.
The process is confidential and nothing said during a mediation can be relied upon if the matter later goes to court. If the mediation is successful, the parties sign a written mediation agreement recording what is agreed and this becomes a binding contract.
Mediations do not usually take more than one day.
How can Three Stone assist?
All members of Three Stone are able to act as counsel in mediations.
We also have a number of members who are trained to act as mediators including some very experienced former members of the judiciary. Their details are listed on the tab on this page.
If you want to discuss using one of our members as a mediator or as counsel in a mediation, please contact one of the clerking team who will be able to assist as regards availability and cost.