The Mediation Process

What is mediation?

Mediation is a confidential, without prejudice form of alternative dispute resolution that enables the participants to enter into constructive conversations aimed at finding a mutually agreed resolution.

The benefits of mediation

Mediation offers a flexible and empowering route to resolving disputes, enabling outcomes that can be more creative, practical and far-reaching than those available through the courts. It places control firmly in the hands of the participants, who shape both the process and any resolution, and it can achieve results far more quickly than litigation, allowing parties to move forward sooner. Mediation is confidential and without prejudice, significantly reducing stress, cost, risk and potential reputational exposure. It provides a safe, neutral environment in which parties can test the reality of their positions, reassess risk and openly express the impact of events without judgment. Importantly, participation is voluntary throughout, and there is no obligation on anyone to reach or accept a settlement.

When to use mediation?

Mediation can be used at almost any stage of a dispute. Often, people choose to mediate at an early point, before positions become entrenched or significant legal costs are incurred, allowing issues to be addressed swiftly and constructively. Equally, mediation remains highly effective after court proceedings have been issued, often providing a timely opportunity to reassess risk, narrow issues and explore resolution. The courts actively expect and encourage parties to attempt to resolve disputes through alternative dispute resolution, such as mediation, and may impose cost consequences where this is unreasonably refused. Where agreement is reached, the parties can record the outcome in a consent order or settlement agreement, enabling proceedings to be stayed and the dispute brought to a formal and binding conclusion.

Is mediation confidential?

Yes, the entire mediation process is completely confidential.

What are the costs involved in mediation?

Please see our fees page here.

The mediation process is carefully prepared and professionally guided from the outset. Ahead of the mediation day, our Lead Mediator, Nick Cheshire, will liaise with each participant to understand the issues and shape a process that best supports a productive mediation. Participants will have the opportunity to provide a statement of issues and any supporting documentation to assist the process.

On the day itself, mediation often begins with a joint session to clarify positions and set the framework for discussions, though this can be adapted or omitted if preferred. The process then typically moves into private, confidential meetings with each of the participants, with balanced time and attention given throughout. Discussions are facilitated with neutrality, sensitivity and commercial realism, always with the aim of helping you reach a practical and mutually acceptable settlement. The mediation can be conducted in person or online.

Harbour Mediation adheres to Civil Mediation Council (CMC) standards together with the European Code of Conduct for Mediation Providers. Our Complaints Procedure is available here.

FAQs

What are the success rates for resolving disputes with mediation?

The majority of cases are resolved on the day of mediation. The CEDR Mediation Audit 2025 shows consistently high success rates, with an overall settlement rate of around 93%, with most cases (around 73%) settling on the day of mediation.

Is mediation legally binding?

The participants can agree to enter into a legally binding agreement at the conclusion of the mediation. If court proceedings have already commenced, a settlement agreement or consent order can be drafted by the participants or their legal representatives to inform the court of the agreement that has been reached.