Mediation is very often misunderstood, and this page will set out some basic facts that will help you to better understand what happens during a mediation and what mediation aims to achieve.
- A way of helping people to settle disputes by using an independent person called a Mediator. The Mediator encourages each party to talk about the issue, explore solutions creatively and reach an agreement with which they are both happy. Ground Rules are laid out so that the session is carried out in a safe environment.
- Independent and impartial: The Mediator remains independent at all times from anyone involved with the dispute. This includes disputes involving members of Local Authorities, the DWP, Educational institutions, CCGs, solicitors or barristers, and so on.
- The Mediator takes no sides in the process but helps guide the parties towards an agreement. Mediators are not judges and they do not apportion blame or punish anyone involved with the process; they are simply there to facilitate discussion between the parties and help them understand the positive and negative impact certain issues or actions may have. The Mediator does not make any decisions; rather, they have control over the process and ensures that everyone gets to have the same amount of time and support they need to air their views. The parties in dispute control the outcome of the mediation.
- Voluntary and ‘Without Prejudice’: Parties in dispute enter into Mediation voluntarily. That means they do not have to take part if they do not want to and can pull out at any time they wish. This will not prevent them from proceeding to arbitration or litigation (more 'formal' processes such as going to court or tribunal) if that’s what they want, nor can anything disclosed in the mediation be used against either party should they choose to proceed with legal action.
- Confidential: Everything that is said and agreed within the mediation is private and confidential. No information is recorded and shared with others unless previously and explicitly agreed by each party involved.
- Focused on needs and solutions: The idea of Mediation is to find solutions to the problems and to focus on the needs of the individuals and to help the parties reach an acceptable agreement in order to satisfy those needs.
Who is it for?
Anyone who is involved in a dispute, argument or complaint can ask for the situation to be dealt with by using mediation. LINK Mediation offers a free Mediation Clinic for individuals or business owners needing advice prior to arranging a mediation. We also receive referrals from Local Authorities, Housing Associations, schools, and health and social care providers. LINK also specialise in delivering mediation services to local businesses, sole traders and partnerships.
Why Choose Mediation?
LINK Mediation boasts an average 97% success rate and has helped many people to settle difficult disputes. Mediation is a far less stressful, much faster and more cost-effective process than going to a tribunal or court.
Benefits of Mediation
- Resolution of dispute or conflict;
- Saves time;
- Saves money and resources;
- You get to 'have your say', control the outcome and get to make the decisions;
- Improved, repaired relationships;
- Mediation can help to create less stressful and healthier living, working and community environments.
If you want to know anything more about mediation, or have any questions or queries, please contact us. We can also send out a leaflet detailing the information on this page.