Mediation is a form of Alternative Dispute Resolution. It is generally a voluntary process which can take place at any time before, or during court proceedings. It is confidential and ‘without prejudice’, so that whatever is said during the process of mediation cannot be quoted or used in court proceedings save in exceptional circumstances. It can be stopped at any point by either of the parties who participate in mediation.

Mediation is facilitated by a trained mediator who acts as a neutral intermediary or facilitator between the parties, attempting to help them find a settlement. There is very great flexibility to the process but the focus throughout is on finding solutions.

The mediation procedure offers real advantage over litigation, as difficulties in communication between the parties are frequently ameliorated and creative, practical solutions can be found during the mediation session. Because it is less formal, parties who attend mediation often reach agreement on terms that litigation could not cater for. Our mediation service can provide a much more effective outcome, for the parties who have actively contributed to the end result.

The courts in England and Wales now actively promote mediation, and in some instances insist the parties consider or even attend mediation before embarking on, or continuing with, litigation. At Thomas More Chambers, our experienced mediators also encourages this method of dispute resolution because disputes are more swiftly resolved, less expensive, and with more certain outcomes.

This page sets out details of Chambers' civil and commercial mediators. A number of members of chambers also practise in family mediation. Details of that work may be found on the Family Non-Court Dispute Resolution page.

The Mediation Process

Here is a quick step-by-step guide to how mediation works:

• A neutral mediator establishes contact (by phone or, when possible, in person) with the parties, and relevant information is shared with the mediator by each of the parties involved.
• If possible, all parties will meet for confidential discussions - both separately with the mediator and, if agreed, face-to-face with each other.
• The confidentiality of information shared with the mediator is preserved, and information is only disclosed to the other party by prior agreement.
• The mediator understands that disputes can be highly stressful and emotionally charged. Their role is to help parties to engineer a ‘good’ solution and find constructive agreement. They may help a party test the strength of a case in private, and may suggest how a negotiated solution might be received by the other party. However, a mediator will remain impartial and does not take sides.
• If a way forward has been reached, a written, binding Settlement Agreement is drawn up immediately by the parties summarising the terms of the settlement and the steps to its implementation.

In person or online?

In-person meetings remain the preferred option for most cases, since they enable parties to meet face to face, sometimes for the first time ever, which often plays a key role in paving the way for innovative solutions. Thomas More Chambers has a suite of rooms available for such use.

Alternatively, if the parties prefer, the mediation can be conducted remotely or on a hybrid basis with some parties in person and others remote. Thomas More Chambers can facilitate the technology to make this happen.

The Early Intervention Process

Sometimes grievances or disputes between the parties are brewing, and one party recognises the potential benefit of mediation outside of the legal framework, but feels unable to offer this possibility to the other party (for fear of appearing weak, absence of communication channel, no acquaintance with the other principals, etc…).

In these cases, Early Intervention is an exploratory process and an ‘active communication’ channel, which might prevent the dispute from escalating into a more uncomfortable and costly situation. It requires both parties to agree to adhere to Early Intervention Terms (with strict confidentiality and without prejudice in any litigation or arbitration proceedings, like in a mediation).

During the first step (called Initial Exploration, see below) the Mediator provides their services, free of charge, for up to one hour per party (not exceeding three hours in total in multi-party disputes). This consultation may also be quite useful for the principal or for the party’s solicitors and counsel who may be unfamiliar with normal mediation processes.

Beyond this first step, Early Intervention is a very flexible process and there is no standard procedure. The Mediator has very wide discretion to decide upon the most appropriate procedure in each case. The mediator shuttles between the two parties discovering the nature of the conflict, helping to clarify the key issues and concerns for each party and bridging to channel information (within confidentiality boundaries) and rebuild communication. A roadmap can be designed and possibly a mutually acceptable settlement of some or all of the issues.

Quick guide to how Early Intervention works:

• One party seeks out the mediator for Early Intervention.
• The asking party and the mediator agree on the best way to reach out to the other party and to explore its willingness to commit to Early Intervention Terms. The mediator moves to next step only if parties are in agreement to implement Early Intervention Terms.
• Any of the parties or the mediator can terminate the process at any time