FAQS

First, contact the other party to the dispute and ask if they will agree in principle to try mediation as a method of resolving the dispute. This is essential and should be able to done quickly. Many contracts now provide that if the parties have a dispute that they agree to use mediation. Mediation is a voluntary process and it cannot happen unless each party is willing to make a genuine attempt to resolve their dispute by mediation.

Once the mediator has all necessary documents and information, they will confirm they are in a position to proceed.

• If the mediation proceeds, the mediator will make all the arrangements with you as to where and when the mediation will take place. They may also ask both parties for details about the dispute in advance of the mediation. You may bring your legal advisor or friend with you to the mediation, but you are not obliged to do so.

• Mediators with LSMS are willing to accept both domestic and cross-border disputes. Some disputes can be resolved using the EC Online Dispute Resolution platform.

• If the mediator has a conflict of interest and can no longer act in the mediation, this will be notified to the parties by the mediator who will also notify the LSMS, if necessary requesting that another mediator is appointed.

• An appointment of a new mediator is dealt with in the same way as appointment of the original mediator laid out above.

Select a mediator

Mediation does not take place in a court building but in a neutral location which the mediator will agree with the parties. This can be anywhere where there are facilities with separate rooms for each of the parties and for the mediator.

• The Meeting Space at Law Society House is a purpose-built facility which is ideal for mediations. Rooms of differing sizes are available fully equipped with state-of-the-art IT, reasonably priced hire charges and centrally located in a neutral venue. There is ample parking within easy walking distance.

• The time envisaged for a mediation will be discussed with the mediator in advance of the mediation. Most mediations are completed within a day.

• You may bring your legal adviser or a friend with you to the mediation – this should be mentioned to the mediator in advance to ensure that each party is aware of it and has a chance of doing likewise.

• Mediation can also be carried out by telephone conference between the parties if appropriate.