Skip to main content


02 May 2018

Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties. If successful, mediation can save the time and costs of fighting a dispute through the courts or in arbitration.

Mediation gets the parties to a dispute round the same table to settle their differences. Its use is actively encouraged by the courts. A mediator trained in negotiation techniques tries to help the parties find some middle ground and an acceptable compromise of their dispute. Mediation is a private process and those taking part can avoid publicity, unlike in court proceedings.

What is mediation?

Mediation is a private dispute resolution process in which a neutral person – the mediator – helps parties to a dispute to try to reach a negotiated settlement. It is for the parties to reach an agreement; the mediator has no power to impose solutions. Although mediation is not new, it’s a very popular means of resolving disputes and through the use of pre-action protocols, the courts encourage parties to settle their differences by mediation. One of the main characteristics of mediation is its flexibility. Parties to a dispute can agree to mediate when and where they want, can appoint whom they want as mediator and can agree any form of solution they like.

Please click 'download files' to read the full in-brief.

Related items

Dispute Resolution

When disputes arise, they can often have far-reaching implications for the rest of a business.

Partnership Disputes

Advising LLPs, Partnerships, Limited Partnerships and individual partners on contentious matters, doesn’t just require legal expertise – it requires an in-depth knowledge of the unique nature of their operating structures and governance arrangements and the experience necessary to devise effective solutions to what are often very sensitive and personal disputes.

Media & Entertainment Disputes

Content disputes take many shapes and forms, and we deal with them all.

Intellectual Property Disputes

Intellectual Property assets are frequently seen as being amongst the most valuable assets of a business and as such the volume of disputes that have arisen in the field has grown substantially and the applicable area of law is frequently changing and often complex.

Real Estate Disputes

We deal with all types of property dispute.

Technology Disputes

Lewis Silkin works with some of the most dynamic and innovative technology companies in the world.

Company Disputes

Conducting business thorough private companies is a complex and challenging enterprise and one which is increasingly subject to scrutiny by regulators and Parliamentary Committees.

Advertising & Marketing Disputes

Lewis Silkin’s disputes team have years of unsurpassed experience in all types of advertising & marketing disputes, acting for advertisers, agencies, production companies and media owners.

Back To Top