XXIV Old Buildings
11, rue du Général-Dufour
CH - 1204, Geneva
Tel: +41 (0)22 322 2500
Fax: +41 (0)22 322 2515
XXIV Old Buildings
Lincoln's Inn
London WC2A 3UP, UK
Tel: +44 (0)20 7691 2424
Fax: +44 (0)870 460 2178
Resolve disputes in a private, confidential process

The process

Mediations are free from all procedural rules and can be carried out in any manner agreed between the parties, whether through private meeting, telephone or otherwise.  This enables the parties, together with the mediator, to explore possible solutions that may not be available in court.  

Mediators do not sit as judges or arbitrators.  They are not there to hand down a judgment or make an arbitral award.  Nor will they make findings of fact or law.  What they will do is discuss with the parties their respective positions fully, usually in separate rooms, using a number of techniques to try and find common ground and ensure that everyone is being realistic about the chances of success and the potential costs involved.  If  agreement is reached, the terms of that agreement are drawn up and signed by the parties.

Mediation cannot take place without the agreement of all the parties.  Such agreement is being reinforced by the courts which are now prepared to penalise in costs those parties who unreasonably refuse mediation.

Apart from the mediator, nobody needs to attend other than a member of each party who must be authorised to settle on behalf of that party.  In practice, parties usually have some form of legal representation with them.

A mediation can take place at any time, prior to litigation or even shortly before trial.  Timing is often determined by achieving an appropriate balance between expenditure of costs and adequate evidence to assess the merits. 

Further information is available on our FAQ on mediation sheet which explains the mechanics of a normal mediation.