Mediation: Overview (UK)
A practice note providing an overview of mediation as a form of alternative dispute resolution (ADR) in England and Wales. This practice note explains what mediation is, the steps in a typical mediation including virtual and telephone options, and key timing considerations. It outlines the benefits and disadvantages, and discusses which disputes are suitable or unsuitable for mediation. The guidance covers the role of the mediator, the application of confidentiality and without prejudice (WP) privilege, and the costs involved, including potential sanctions for an unreasonable refusal to mediate. This practice note also examines judicial attitudes, the court's power to order parties to engage in ADR following Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 and changes to the Civil Procedure Rules (CPR) and the ongoing discussion around compulsory or integrated mediation. It provides practical tips on persuading parties to mediate, and discusses the enforcement of mediated settlement agreements, referencing the Singapore Mediation Convention. Finally, this practice note provides details on current pilot schemes and considers future developments, such as the potential establishment of a formal mediation council.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
The value of Practical Law
Deliver results and stay ahead with the help of Practical Law's built-in network of legal experts
As a legal professional, your time is a precious resource. Whether you need insights on a market-leading precedent, help navigating a new topic, how-to guidance on the law with an integrated drafting note, or a checklist to help mitigate risk, you can rely on Practical Law.
Practical Law is the only legal know-how solution supported by a team of over 650 full-time global editors who obsessively monitor the law and create resources to help you navigate the unknown and practise more efficiently.
Learn more about Practical Law
Make the most of your time and resources
Jumpstart your work
Easy-to-use tools deliver a great starting point, so you spend less time searching for templates, building presentations, or delving into unfamiliar areas.
Get how-to guidance
Practical resources provide you with in-depth expert knowledge and insights to help you work more efficiently and make informed decisions confidently.
Rely on worldwide expertise
We offer global and comparative content with thousands of assets covering critical legal topics in more than 100 countries, including weekly updates and daily alerts for EU Law.