Click to skip to content

Civil Mediation

Civil Mediation relates to many different areas of law, including:

  • Employment disputes
  • Neighbour disputes
  • Contractual disputes
  • Personal Injury disputes

The Civil Procedure Rules, the Commercial Court Guide, the Queen's Bench and Chancery Division Guides, and the various Pre-Action Protocols have all sought to encourage parties and prospective litigants to consider ADR as early as possible in their disputes.

In a recent Court of Appeal decision (Halsey v Milton Keynes General NHS Trust (2004) 1 WLR 3002), the Court stated:

"All members of the legal profession who conduct litigation should now routinely consider with their clients whether their disputes are suitable for ADR. The Court of Appeal indicated that the courts would be robust in their encouragement, and parties will now face significant adverse costs consequences if they unreasonably refuse to consider mediation."

Most Civil Mediations are resolved on the same day, with the participants continuing until agreement is achieved, unless either or both of them decide to end the session without agreement, which is generally rare.

It is not unusual, with a civil mediation, for the participants to attend Mediation with their lawyers who are available to advise the participants legally throughout the process and to be available to draft a formal binding agreement, in the event that the Mediation has been successful.