Question 1

What is mediation?

Accepted Answer

Mediation is a confidential meeting, arranged at a time that suits everyone, at which an independent mediator helps the people involved in a dispute talk it through and look for a workable settlement. The mediator does not take sides and does not impose an answer. They move between the parties, test each side's thinking privately, help everyone understand where the real sticking points are, and help shape an agreement that both sides can live with. Most mediations conclude in a single day.

Question 2

How does mediation differ from going to court?

Accepted Answer

A judge decides who wins on the evidence and the law, in public, often a year or more after proceedings begin, and at considerable cost. Mediation puts the decision back in the hands of the parties. Mediation is private, usually arranged within weeks rather than years, and costs a fraction of a contested trial. It can also produce outcomes a court cannot order — an apology, a revised contract, continued trading, a payment plan or a restored working relationship.

Question 3

Is mediation confidential?

Accepted Answer

Yes. Everything said at the mediation is confidential and 'without prejudice', which means it cannot be repeated to a court if the case does not settle. Anything you tell the mediator privately stays private unless you give permission to share it. The limited exceptions are the ones you would expect: where disclosure is required by law, where there is a risk of serious harm to a person, or where the parties agree to waive confidentiality. A settlement agreement can also be disclosed if it later needs to be enforced.

Question 4

Is mediation voluntary?

Accepted Answer

Normally, yes — parties choose to mediate and anyone can leave at any point. In practice very few people do, because the process only moves at the pace everyone is comfortable with. Some contracts contain a clause requiring mediation before litigation, and courts increasingly expect parties to attempt mediation. Refusing without good reason can lead to costs consequences even for a party who later wins.

Question 5

Is mediation legally binding?

Accepted Answer

Taking part is not binding. What you agree at the end can be. If terms are reached, they are recorded in a written settlement agreement signed on the day. Once signed, that agreement is a binding contract and can be enforced in the usual way. If proceedings have already been issued, the terms can be turned into a consent order.

Question 6

What happens if mediation does not settle?

Accepted Answer

Nothing is lost. Everything discussed remains confidential and without prejudice, and each party is free to continue with litigation, arbitration or any other route. Even where a case does not settle on the day, the issues are usually narrowed and many disputes settle in the weeks that follow, often with the mediator continuing to help by telephone.

Question 7

How do I arrange a mediation?

Accepted Answer

Contact us with a short outline of the dispute. We will suggest suitable mediators, available dates and a fixed fee, usually within one working day. We then approach the other party on a neutral basis, agree the date and venue or online platform, and circulate a standard mediation agreement for signature.

Question 8

Does the other party have to agree?

Accepted Answer

In most cases yes — mediation works because everyone chooses to be there. If you would rather not raise it directly, we can make the approach for you and explain the process neutrally. Where a contract or a court order requires mediation, participation is expected rather than optional.

Question 9

What information do you need?

Accepted Answer

To begin, only the essentials: who is involved, what the dispute is about, its approximate value and whether proceedings have been issued. Before the day, each party usually provides a short position statement and the key documents. There is no need for full trial bundles — the mediator reads what genuinely helps.

Question 10

Can I choose my mediator?

Accepted Answer

Yes. We will suggest mediators from our panel with relevant sector experience and provide their profiles, and the parties are invited to agree the appointment wherever possible. Joint agreement matters: a mediator both sides have chosen starts the day with the confidence of everyone in the room.

Question 11

How quickly can mediation be arranged?

Accepted Answer

Often within days. Online mediations in particular can be set up very quickly because there is no venue to book and no travel to arrange. Where a deadline is looming — a hearing, a limitation date or a commercial cut-off — tell us and we will work to it.

Question 12

How long does mediation last?

Accepted Answer

Most commercial mediations are listed for a full day, and many settle within it, sometimes late in the day once the practical realities have been tested. Straightforward or lower value disputes are often suited to a half day. Complex or multi-party matters may need more than one day, which we will flag when quoting.

Question 13

Who attends?

Accepted Answer

Each party should be represented by someone with authority to settle, together with anyone whose knowledge is needed — a director, finance manager, contract manager or HR lead. Insurers, funders and other interested parties can attend or be available by telephone.

Question 14

Can solicitors attend?

Accepted Answer

Yes, and they frequently do. Counsel can attend too. Legal advisers are valuable in testing the merits and in drafting the settlement agreement at the end of the day. Equally, mediation works perfectly well where parties are unrepresented. The mediator will make sure everyone has a fair opportunity to be heard.

Question 15

Will everyone meet together?

Accepted Answer

Usually there is an opening joint session where each party sets out their perspective, followed by private meetings with the mediator in separate rooms. The mediator moves between the rooms carrying only the messages you authorise. Further joint sessions may be used where it helps — sometimes between the principals alone, sometimes between experts.

Question 16

Can documents be used?

Accepted Answer

Yes. Position statements, key contracts, accounts, expert reports and schedules of loss are all commonly used, and can be shared securely in advance or on the day. The mediator is not conducting a trial, so the aim is a focused set of documents rather than everything on the file.

Question 17

Will the mediator decide who is right?

Accepted Answer

No. The mediator is entirely neutral and has no power to decide the dispute, make findings or impose an outcome. What the mediator will do is test each side's case robustly and privately, so that everyone makes their decisions with a realistic view of the risks.

Question 18

Is online mediation effective?

Accepted Answer

Yes. Settlement rates for online mediation are comparable with face-to-face mediation, and the format suits the process well: private rooms become breakout rooms, and the mediator moves between them exactly as in a physical venue. Many parties find online mediation less confrontational and easier to sustain over a long day.

Question 19

Is it secure?

Accepted Answer

We use established, encrypted platforms with locked meeting rooms, waiting rooms and password protection, so no one joins a private room uninvited. Sessions are never recorded, and the same confidentiality and without prejudice protections apply as they would in person.

Question 20

Can parties join from different countries?

Accepted Answer

Yes. Parties, advisers, experts and interpreters can join from anywhere with an internet connection, without anyone incurring travel or accommodation costs.

Question 21

What technology is required?

Accepted Answer

A laptop, desktop or tablet with a camera and microphone, and a reasonable broadband connection. A quiet, private room and a second screen for documents both help. We send joining instructions in advance and offer a short test call for anyone who would like one.

Question 22

Can documents be shared online?

Accepted Answer

Yes. Documents can be circulated securely before the mediation and shared on screen during it, and settlement terms can be drafted, circulated and signed electronically on the day.

Question 23

What is workplace mediation?

Accepted Answer

Workplace mediation is a confidential, voluntary conversation between colleagues, facilitated by an independent mediator, aimed at rebuilding a working relationship that has broken down. It is used for relationship breakdown, communication difficulties, allegations of bullying, team and management conflict, and return-to-work situations.

Question 24

Does it replace disciplinary procedures?

Accepted Answer

No. Mediation sits alongside an organisation's grievance and disciplinary procedures rather than replacing them. It is often used before a formal process begins, or during one where the parties agree to pause it, and can frequently resolve matters that a formal process would simply escalate.

Question 25

Is HR involved?

Accepted Answer

HR usually commissions the mediation and agrees its scope, but does not sit in the room. The conversation is between the participants and the mediator. At the end, HR normally receives confirmation that mediation took place and, if the participants agree, a copy of any action plan — not an account of what was said.

Question 26

Can mediation improve working relationships?

Accepted Answer

That is its purpose. Most workplace mediations end with a practical action plan covering how colleagues will communicate, allocate work and raise concerns in future. Where the relationship cannot be rebuilt, mediation often produces a dignified, agreed way forward instead of a tribunal claim.

Question 27

When should mediation take place?

Accepted Answer

Earlier is usually better: costs are lower, positions are less entrenched and commercial relationships are more likely to survive. That said, mediation can take place at any stage — before proceedings, after disclosure, on the eve of trial, and even during an appeal.

Question 28

Can mediation save costs?

Accepted Answer

Substantially. A day of mediation costs a small fraction of a contested trial, and settling early avoids disclosure, witness statements, expert evidence and trial preparation. There is also the cost that never appears on a bill: management time, distraction and uncertainty.

Question 29

What if there are multiple parties?

Accepted Answer

Multi-party mediation is common in construction, professional negligence and insurance disputes, and works well with proper planning. We will discuss room or breakout arrangements, contribution issues and timetabling in advance, and provide a bespoke quotation reflecting the additional preparation.

Question 30

Can experts attend?

Accepted Answer

Yes. Experts often attend and, where the parties agree, meet separately with the mediator to narrow technical differences. This is frequently the moment a stubborn valuation or defect dispute begins to move.

Question 31

How much does mediation cost?

Accepted Answer

The default fee for a full-day mediation is £1,500 + VAT, including preparation, review of documents, the mediation itself and reasonable follow-up administration. Fees for shorter mediations or other arrangements are available on request and may depend upon the nature, complexity and value of the dispute. Workplace mediation is quoted individually, and bespoke quotations are provided for complex, high value or multi-party disputes. Full detail is on our Fees page.

Question 32

Who pays?

Accepted Answer

Fees are normally shared equally between the parties unless they agree otherwise. Occasionally one party agrees to bear the whole fee to get the mediation underway. Invoices are payable in advance of the mediation date.

Question 33

Are there fixed fees?

Accepted Answer

Yes. Our default full-day fee is fixed at £1,500 + VAT, and any other arrangement is quoted in writing before you commit. Where appropriate, ProMediate can also mediate under the Civil Mediation Council Fixed Fee Scheme. Contact us to discuss whether your dispute qualifies.

Question 34

Can ProMediate mediate international disputes?

Accepted Answer

Yes. We mediate cross-border commercial, shareholder, property, distribution and supply disputes, conducted online or at a convenient venue. Peter Causton is a qualified International Online Mediator, and mediations are conducted in English with interpreters accommodated where needed.

Question 35

Can parties join from different time zones?

Accepted Answer

Yes. We schedule sessions within a workable overlap for everyone and, where the spread is wide, split the mediation across shorter sessions on consecutive days.

Question 36

Is online mediation suitable for international businesses?

Accepted Answer

It is often the most practical option: no flights, no visas, no venue, and an appointment that can be arranged in days. The saving in travel costs alone frequently exceeds the cost of the mediation itself.

Frequently Asked Questions

About mediation

Before the mediation

During the mediation

Online mediation

Workplace mediation

Commercial mediation

Fees

International mediation

Why choose ProMediate?

Experienced panel

CMC registered

International online mediator

Nationwide & international

Flexible appointments

Commercially focused

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