• Home
• About Mediation Somerset
• Mediation
• Types of Conflict
• Community Mediation
• Conciliation
• Court Based Mediation
• Family Mediation
• Restorative Justice
• Special Educational Needs
• Work in Schools
• Workplace Mediation
• Training
• Working for Mediation Somerset
• Useful Links
• Contact Us
• Members area

Mediation Somerset

Types of Conflict

Court Based Mediation

Mediation is often used in more formal settings to resolve issues that would otherwise prove costly in terms of time, energy and finance if persued through the courts.

This is an alternative method of resolving issues that would otherwise be heard by the district judge. Typically the court will make the offer of mediation and inform the parties of approved mediation providers.

The decision as to whether or not to mediate rests with the parties but there is an obligation to inform the court as to their intentions within a set time frame and return the necessary paperwork to the court. However parties should be aware that the refusal to mediate could affect the judges decision regarding the awarding of costs if a party refused to mediate without a good reason.

The advantages are that disagreements that could otherwise be resolved do not take up the time of the courts. Parties remain in control of the outcome, rather than the district judge deciding for the parties. Where on ongoing relationship is important mediation is better equipped to work through important issues.

The mediation process is confidential and without prejudice, this means that things said in the meeting cannot be used later in court or another legal action. This often allows an honest open communication to take place.

Many disagreements are now resolved through mediation, it is quick, puts you in control and the meeting is confidential. A formal legally binding agreement will be drawn up but the parties decide what it includes rather than the judge.

Mediation is not suitable for every case and will only work where the parties to the dispute genuinely want to work towards a resolution. The mediators role is to help both parties equally work towards a solution that they are happy to sign up to.

The mediator will speak with or see both parties prior to the mediation to gather information, assess suitability and arrange the joint meeting. 
A fee will be agreed with the parties and must be paid prior to the mediation meeting. Parties will be asked to sign a pre mediation agreement that includes the fee and sets out the terms of mediation.
Download pre-mediation agreement here .