This guide is for you if you live in England or Wales and are trying to sort out a civil legal problem that could be dealt with in the County Court (this includes small claims, fast-track claims, and multi-track claims).
What is most important to you - to solve the problem or to beat the other side?
Often when we feel we have been treated unfairly and the other side has not acted as we wanted or responded immediately, we want to go to court. It sometimes feels important that we are proved right and the other side is proved wrong and punished. This is usually because we are angry.
But going to court is a lot of work. Even if it seems a straightforward case there is a lot you have to understand and do. It can be like having an extra part-time job. There are strict time limits, usually lots of paperwork, and it can easily become very stressful. There is also no guarantee that the judge will agree that you are in the right. They may end up deciding the other side is right.
If you can think of the dispute not as a battle that you want to win, but as a problem that you need to solve, mediation might be a much better choice for you. It can be cheaper (or even free), and is usually much quicker than waiting for a court hearing.
Crucially, solving the problem by understanding each other’s viewpoints and coming to an agreement can improve relationships rather than damage them further, which can be very important if your dispute is with someone you will still see and/or need help from in the future. For example, your employer, neighbour, landlord, a friend or family member, or a business or trader you have an ongoing relationship with.
This guide explains:
- what civil mediation is,
- how civil mediation works,
- whether legal mediation might help you solve your problem more quickly, cheaply, and easily than going to court,
- how much it might cost you (or not – sometimes it is free!),
- how to find a good civil mediator,
- how to prepare to get the most out of civil mediation.
Mediation is only one way of trying to resolve a legal disagreement. Some people call this legal mediation. It is one kind of civil dispute resolution. There are also other kinds of civil dispute resolution (sometimes called alternative dispute resolution or ADR) like complaining, negotiating, using arbitration, or making a complaint to an ombudsman (also known as an ombud). Mediation is also available and frequently used to solve disagreements with family members. See our guide to using mediation to resolve family disagreements for more details.
Throughout this guide we have used ‘the other side’ to mean the person or organisation you have the dispute with. There could be one or several. The law calls the people or organisations involved in the disagreement ‘parties’, or in mediation they are often called ‘the participants’.
Legal language
We try to avoid using legal or technical language. Where you do need to know it, we explain as we go along. There is also a section at the end called What does it mean? that includes explanations for the common jargon you may come across elsewhere during civil mediation.