Answers & Guidance

Mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps disputing parties reach a mutually acceptable resolution. Unlike court proceedings, mediation is private, flexible, and party-led: the outcome is agreed by the parties themselves, not imposed by a judge. It is typically faster, less expensive, and less adversarial than litigation.

The mediation process itself is not binding — either party can walk away at any time. However, if the parties reach an agreement, that agreement is recorded in a written settlement document which, once signed, is a legally binding contract enforceable in the same way as any other contract.

Mediation is suitable for a wide range of disputes including commercial and business disagreements, workplace and employment matters, neighbour and property disputes, family and civil matters, and contract disputes. It is generally not suitable where one party requires a binding legal precedent, or where there is a significant power imbalance that cannot be managed.

Yes. Mediation is a voluntary process and requires the consent of all parties. However, many contracts now include mediation clauses requiring parties to attempt mediation before litigation. Courts also increasingly encourage — and sometimes require — parties to consider mediation before proceeding to trial.

Arbitration is a private dispute resolution process in which an independent arbitrator hears evidence and arguments from both parties and issues a binding decision — called an award. It is more formal than mediation but typically faster, cheaper, and more private than court proceedings. Arbitration awards are legally enforceable.

Arbitration is often preferred when parties need a binding decision rather than a negotiated settlement, when the dispute involves complex technical or legal issues requiring expert adjudication, or when one party is unwilling to engage in collaborative negotiation. Many commercial contracts specify arbitration as the default dispute resolution mechanism.

Arbitration awards are generally final and binding with very limited grounds for appeal — typically restricted to procedural irregularities, fraud, or a decision that is contrary to public policy. This finality is one of arbitration's key advantages over litigation, which can involve lengthy appeals processes.

Costs vary depending on the complexity of the dispute, the number of parties, and the time required. We provide a clear, transparent fee schedule at the outset — there are no hidden charges. As a guide, a single-day commercial mediation typically costs a fraction of even a few days of litigation. Costs are usually shared equally between the parties.

Most mediations are completed in a single day — typically six to eight hours. Complex multi-party disputes may require additional sessions. We schedule sessions to allow sufficient time without unnecessary pressure, and will always advise you in advance if we anticipate a matter requiring more than one day.

Yes. We offer fully remote mediation and arbitration sessions via secure video conferencing. Online sessions are equally effective for most disputes and remove the logistical challenges of bringing all parties to a single location. We use professional, secure platforms and can provide technical guidance to all participants.

You do not need legal representation to participate in mediation. Many parties choose to attend without a solicitor, particularly in civil and family matters. However, you are welcome to bring legal representation if you wish, and we recommend consulting a solicitor before signing any settlement agreement.

Yes. Mediation is conducted on a strictly confidential and without-prejudice basis. Nothing said during the process can be disclosed to third parties or used in subsequent legal proceedings. This confidentiality is fundamental to the process — it allows parties to speak openly and explore options without fear of those discussions being used against them.

If no agreement is reached, the mediation concludes without prejudice — meaning all parties retain their full legal rights and can pursue other avenues including litigation. Nothing said or offered during mediation can be used in subsequent proceedings. Many parties find that even an unsuccessful mediation clarifies the issues and brings them closer to resolution.

We will guide you through preparation in advance of the session. Generally, you should bring any relevant documents (contracts, correspondence, financial records), a clear summary of your position and desired outcome, and an open mind. We ask all parties to submit a brief position statement before the session so the mediator can prepare effectively.