Mediation & ADR.

Mediation is not, in most cases, a strict legal requirement before issuing a claim — but the courts expect parties to attempt to resolve disputes without litigation, and the pressure to do so has increased significantly. Following the Court of Appeal's decision in Churchill v Merthyr Tydfil (2023), the courts have confirmed they can lawfully order parties to engage in mediation or another form of dispute resolution, and changes to the Civil Procedure Rules (in force from October 2024) expressly give them that power. For most defended small claims (£10,000 or less), cases are now automatically referred to a free mediation service. Unreasonable refusal to mediate can lead to costs penalties even for the party that wins at trial. Our civil litigation service explains the wider costs consequences of refusing to engage in dispute resolution.

Mediation usually takes a single session of either a half day (typically 3 to 4 hours) or a full day (around 6 to 8 hours), depending on the value and complexity of the dispute. Many disputes settle within that one session. More complex or higher-value matters may need a longer day or a second session, and occasionally agreement is reached in follow-up discussions shortly afterwards. Arranging the mediation — agreeing a mediator and a date — typically takes a few weeks, which is far quicker than waiting many months, or longer, for a trial date. The speed of the process is one of the reasons mediation is so widely used.

Mediation is usually far cheaper than taking a dispute all the way to trial. The main cost is the mediator's fee, which is normally shared equally between the parties and depends on the value and complexity of the dispute and the length of the session — many mediators charge a fixed half-day or full-day rate. Each party also pays its own legal costs of preparing for and attending the mediation. For most small claims (£10,000 or less), the court's mediation service is free. We charge by the hour for the work of preparing your case and representing you at the mediation, and we provide a written estimate at the outset. Our civil litigation page sets out the broader picture on the costs of bringing or defending a claim.

The mediation process itself is not binding — either party is free to leave at any point, and the mediator has no power to impose a decision. What can become binding is the outcome: if the parties reach agreement, the terms are normally written down in a settlement agreement which, once signed, takes effect as a legally binding contract. Where court proceedings have already been issued, the agreed terms can be recorded in a consent order or a Tomlin order, which the court can enforce if either side fails to honour them. This combination — a flexible, without-prejudice process leading to a binding written settlement — is one of the main attractions of mediation.

A mediation usually takes place at a neutral venue or remotely by video, with both parties present and, where they are instructed, their solicitors. The day is flexible and led by the parties rather than the mediator. It often begins with a short joint session in which each side can outline its position, after which the parties move into separate private rooms. The mediator then moves between the rooms, carrying offers and exploring options in confidence, helping each side test the strengths and weaknesses of its case. Discussions are confidential and conducted on a without-prejudice basis, so nothing said can later be used in court. If a settlement is reached, the terms are written up and signed before everyone leaves.

Mediation is a voluntary and confidential form of alternative dispute resolution in which an independent, neutral third party — the mediator — helps the people in a dispute reach their own negotiated settlement. The mediator does not decide who is right or impose a solution; their role is to help both sides understand the issues, explore options, and find common ground. It is used to resolve civil and commercial disputes of almost any kind, from contract and property disputes to professional negligence and boundary disagreements. (Mediation for divorce, separation and arrangements for children is a separate service — see our family mediation page.)

Mediation and arbitration are both forms of alternative dispute resolution, but they work in very different ways. In mediation, a neutral mediator helps the parties negotiate their own settlement; the mediator cannot impose a decision, and either party can walk away. In arbitration, an independent arbitrator hears both sides and then makes a decision — known as an award — which is binding on the parties and enforceable by the courts, much like a court judgment. Arbitration is more formal and resembles a private trial, and is often used where a contract contains an arbitration clause. In short, mediation is generally quicker, cheaper and better at preserving relationships, while arbitration delivers a definitive, binding outcome imposed by a third party.