What options are available?
The caseworker may direct you towards a number of suitable options to resolve your dispute. These include:
- Ombudsmen
- Mediator
- Lawyer
- Arbitration
- Negotiation
What is the caseworker's role?
The caseworker’s role is to analyse your case and suggest appropriate methods of resolution.
How much will it cost?
The assitance and negotiation service service is free to use, though there will be a charge if the user decides to take their case to mediation via the National Mediation Helpline.
Why should I use the service?
Using the service will allow you to receive expert, independent assistance on your problem, which will allow you to get a greater understanding of the options available to you and help you to resolve your problem.
Why has the service been set up?
The Legal Needs Survey published in February 2004 showed that more than one in three adults experienced a civil law problem over a 3-year period. Of these one in five took no action to resolve their problem. It is estimated that around one million problems go unresolved each year because people do not understand their basic rights or know how to seek help. The Dispute Resolution Service will attempt to help such people resolve their legal problems.
Who provides the mediators?
The mediators are provided by the National Mediation Helpline. Negotiation services are available through Wandsworth Citizens Advice Bureaux Limited.
Are the mediators insured?
Yes - the mediation providers supporting this service uses insured mediators.
Are the mediators trained?
Yes, the mediation provider only uses trained and accredited mediators - they believe that it is important for there to be a high level of expertise and knowledge to be effective as a mediator.
Can I have a lawyer present at the mediation?
Yes - most mediators will encourage you to bring a lawyer so that there is expert advice available to you, but it is not necessary to have a lawyer present.
Can I leave a mediation?
Yes, at any time, although most mediators will ask you to give them five minutes before you do so.
Can I recover the costs of mediation in a court case?
Most judges will award the winning party the costs of litigation and if there has been a mediation then the costs will usually be recoverable - but costs rules are complicated and you should seek legal advice.
Do I pay if the dispute does not settle?
Yes, the fee is paid for the mediator to facilitate the mediation, regardless of the outcome. However, the majority of cases do settle, though there can be no guarantee of success.
How much will mediation cost?
If you decide to go to mediation there is a standard scale of costs.
Is offering to mediate a sign of weakness?
No - there is nothing to lose by offering to mediate even if you believe you have a strong case. Few lawyers will advise clients that they are bound to win.
What happens if there is no agreement at the end of a mediation?
Mediation is not suitable for every case, but it can still help to settle some of the issues in a dispute. All discussions during the mediation process are 'without prejudice' - in other words, anything said in the mediation cannot be used later in court or another legal action.
What happens if I have a complaint?
Please see our comprehensive complaints procedure.
What is a mediator?
A mediator is an impartial person who has been appointed by the parties to a dispute to help them resolve and settle their differences, someone trained in effective resolution. The mediator need not be legally qualified, though many are.
What is the mediator going to do for me?
The mediator's role is to assist or facilitate a settlement of your dispute.
When should I mediate?
At any time you wish, irrespective of whether proceedings have been issued or at what stage the dispute or proceedings may have reached.
Who decides the outcome of the mediation?
The mediator does not decide the outcome - the decision making is left entirely to the parties themselves. The mediator's role is to help the parties strike a deal that they are all happy with.
Who pays the mediator?
Usually both sides pay the mediator in equal proportions: providers will usually expect you to pay in advance.
Will I have to do anything I do not want to do?
No, the process of mediation is totally voluntary.
Will the mediator offer legal advice?
No, if you feel you may need legal advice you should make your own arrangements before hand. The mediator is an independent third party and must remain impartial and neutral, and whilst you may have candid discussions with the mediator, no advice will be given.
