What is mediation?
Mediation is becoming increasingly vital when it comes to tackling anti-social behaviour (ASB), particularly neighbour disputes. In addition, mediation can play a key role in resolving situations that aren’t officially ASB but are on the fringes and need early intervention.
Mediation bridges the gap between people resolving their own conflicts and resorting to formal proceedings. Mediation gives the power to individuals to take control and resolve a situation with the support of a neutral third-party mediator. Not only can mediation help with any immediate concerns, but it can also prevent future issues from arising.
What are the benefits of mediation?
Mediation is a proven, cost-effective method to resolve disputes quickly and amicably. It’s particularly powerful in resolving situations early, negating the need for any formal proceedings such as civil litigation.
Mediation can save much time, money and grief whilst significantly improving the lives of those involved. The goal is always to guide both parties to a mutually beneficial resolution rather than recommend specific courses of action. It empowers people to resolve situations themselves and come to an agreement.
The person suffering ASB doesn’t need to reach out to the other party to suggest mediation. It’s the mediator’s job to engage the other party. This applies should an individual contact a mediation company directly or if an agency refers the case on their behalf.
Mediation can take place at any time before a case reaches a hearing or trial at court, and the best time will often depend on the individual case. In general, it is best to try mediation as soon as possible. This will help reduce the amount of time and money spent on the dispute and open a dialogue between the parties before they become too fixed in their position.
If a court claim has been started and both parties agree to mediation, the court can pause the case to enable mediation to take place. The court will not be told what is discussed or offered at mediation.
It will depend on the type of mediation and the complexity of the dispute. You should ask the mediation provider what their costs are in advance of the mediation. Some examples of mediation costs are given below:
- If the dispute is regarding a money claim under £10,000, they may be able to use the Government’s free Small Claims Mediation Service.
- If the dispute is under £50,000 in value, the Civil Mediation Council hosts a Fixed Fee Mediation Scheme which allows parties to employ a mediator at reasonable rates.
The Civil Mediation Council has a searchable list of registered mediators and mediation providers.
If mediation is a concept that the parties haven’t considered before then it’s perfectly normal for them to have doubts and some more questions. It’s understandable for individuals to feel a bit anxious about it. It’s understandable that they may not want to engage with the other party or feel like they want to achieve a mutually beneficial outcome at the outset. But remember, all they need to do in the first instance is talk to a mediator, or if they’re an agency, refer a case to a mediator. They will guide the parties from there and manage the case whilst working closely with them.