Mediation: Overview (UK)

by Practical Law Dispute Resolution

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.