Mediation at the Royal Courts of Justice: Reflections from the Free Mediation Service

Over the past few days, I have had the privilege of mediating at the Royal Courts of Justice as part of the Society of Mediators’ Free Mediation Service. It was a valuable experience, not only because of the setting, but because it provided a powerful reminder of the role mediation can play alongside the court process.

Working within the court environment, alongside Judges and court staff, reinforces an important principle: mediation is not about deciding who is right or wrong, or about helping one party “win” an argument. It is about creating a structured opportunity for people to step back from their positions, consider what really matters to them and explore whether there is a practical way forward.

Over the course of the mediations, I saw first-hand how quickly perspectives can change when participants are given the opportunity to speak openly and confidentially, with an independent mediator helping to facilitate the conversation. Seeing participants reach agreement where, only hours earlier, settlement may have seemed difficult to achieve was particularly rewarding. It is one of the aspects of mediation that continues to motivate me as a mediator. A dispute that has become entrenched through correspondence, negotiation and litigation can sometimes look very different when the parties have the opportunity to engage directly in a carefully managed mediation.

Mediation also offers something that litigation cannot always provide: the opportunity for the people involved to shape their own outcome. A court determines an outcome within the parameters of the dispute before it. Mediation allows the participants themselves to consider solutions that may address their wider interests and practical concerns.

I am extremely grateful to the Society of Mediators for the opportunity to contribute to its Free Mediation Service, a remarkable initiative founded by leading mediator and Society of Mediator's Course Director, Jonathan Dingle, FSOM, and to the Judges and court staff for their support during my time at the Royal Courts of Justice.

It has been a privilege to contribute to the service and a valuable reminder of why I chose to become a mediator. Sometimes, resolving a dispute begins with creating the opportunity to have a different conversation.

About the author

Nick Cheshire is an experienced civil, commercial and workplace mediator. A Civil Mediation Council (CMC) and International Mediation Institute (IMI) accredited mediator providing mediation services through Harbour Mediation Limited throughout the UK and internationally.

If you are involved in or advising on a dispute and would like to discuss, in confidence, the suitability and timing of mediation as an option going forward, please contact Nick Cheshire at nick.cheshire@harbour-mediation.com.