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Frequently Asked Questions

What is Alternative Dispute Resolution by Mediation?

It's where the parties to a dispute who are unable to resolve a particular problem agree that a neutral person, a specially trained Mediator, should help them try to arrive at a solution through alternative dispute resolution. The Mediator will work with each side and help them understand better their own and the other party's position and explore alternative solutions. In this way the parties improve their chances of working out a solution to their mutual satisfaction.

When should I use Mediation?

Well, there has to be a dispute. Someone failing to pay your invoices doesn't necessarily mean there’s a dispute, but once there is a dispute and if you can't resolve it between yourselves, then think about whether a neutral, trained Mediator should be asked to help negotiate your own settlement by talking to all concerned. Otherwise there’s a risk that the problem may get out of hand and involve everybody concerned in a lot of time and money. It makes complete commercial sense to try this form of alternative dispute resolution.

Even if there are already Court proceedings under way it’s not too late to consider alternative dispute resolution by mediation. The Courts encourage you to consider this and if a party refuses to consider mediation but instead insists on going to trial then they may find themselves ordered to justify this refusal at the end of the case and be ordered to pay costs (or not recover costs) whether they won or lost.

It really doesn't matter what type of dispute the parties may find themselves in. Lord Justice Ward in the case of Halsey v Milton Keynes NHS Trust made it very clear that there is almost no type of dispute unsuitable for alternative dispute resolution (for instance by mediation), even where one party makes allegations of fraud against the other.

What are the advantages of Alternative Dispute Resolution by Mediation?

You are directly involved in finding the solution and negotiating your own agreement

No settlement is imposed on you

All negotiations during mediation are "without prejudice", which means that if no agreement is reached by the end of the mediation you have lost none of your rights and remain free to argue your case in court if needs be.

Mediation is private and you remain in control of your own position at all times.

Speed. You can agree to Mediate your dispute at any time, but the earlier you do this, the more quickly settlement is likely to be reached.

The cost is greatly reduced in comparison with pursuing the matter through the Courts or through arbitration.

The Mediator can explore with you alternative business solutions that you may not have considered or which simply aren't available through the Courts or Arbitration.

It's possible to re-establish a positive relationship between the parties once the dispute has been resolved.

You have the services of an experienced professional mediator to aid your negotiations and assist in reaching a quick settlement.

The Mediator is non-judgmental. He isn't there to decide on the rights or wrongs of a dispute – that's the job of the Judge if you can’t settle. The Mediator is only there at the invitation of the Parties to see if by talking to all concerned he can help you to negotiate your own settlement.

If, during the Mediation, you don't like the way things are going, then you're free to leave at any time. There’s no obligation on you to agree to anything that you’re not entirely happy with.

How can Alternative Dispute Resolution by Mediation help me?

A good mediator is a skilled, experienced and imaginative problem solver who will be very much involved in the process of reaching a solution as part of the alternative dispute resolution process.

Mediation is a non adversarial method of resolving disputes. It is appropriate in almost all commercial matters, the vast majority of which are capable of being settled out of Court.

Even if on first analysis it seems impossible that the parties could ever agree on a solution to their problem, remember that most mediations conducted by a skilled mediator do result in a successful outcome.

How long does Mediation take?

One of the great advantages of alternative dispute resolution is its speed and informality. The complete process should take less than a month and the mediation itself will usually last from between 3 hours and a complete day, depending on the complexity of the dispute.

Compare this with proceeding through the Courts where the average dispute may take 12-18 months to reach trial, possibly longer if more than a couple of days Court time is required.

Are Mediators Qualified?

All Citius Mediators are Qualified Dispute Resolvers, having become such through the Academy of Experts, one of the leading bodies which promotes cost efficient dispute resolution. Founded in 1987 and based in London, the Academy has members throughout the UK and the world. All are seasoned professionals and together they have many years of experience in Alternative Dispute Resolution

Who are our Mediators?

  • Michael Turner
  • Augustus Ullstein
  • Nigel O'Neill
  • Adam Merrett
  • Shirley Hennessey

How to start the Process of Alternative Dispute Resolution by Mediation?

All those involved in the dispute need to agree to try mediation as their chosen method of alternative dispute resolution. However, if you’d like us to contact the other party then we will do so in the hope that they too will agree to Mediation. We cannot guarantee to be able to persuade the other party to agree and it would be better if you were to both agree without our having to become involved.

Once you have picked a Mediator

Every Mediator will have a different approach, but all having been trained by and qualified through The Academy of Experts will generally proceed as follows:

  • The Mediator will arrange a meeting at a convenient mutually agreed neutral location
  • When the parties are all present the Mediator will explain in more detail how the Mediation will proceed
  • The Mediator will then ask each side to describe the dispute as they see it. The Mediator will try to identify parts which are not in disagreement and note those that are.
  • After this initial discussion the Mediator will hold a series of private sessions with each of the parties, moving back and forth between the parties and bringing them back together at appropriate times.
  • During the final private and joint sessions the Mediator will try to reduce the differences between the parties and will seek to obtain agreement by all parties on major and minor issues.
  • Once a solution has been reached the Mediator will request that the terms of the agreement be put in writing and signed at the meeting.

Will Mediation as a means of Alternative Dispute Resolution work?

Experience shows that mediation as the chosen means of Alternative Dispute Resolution has a high success rate, but of course there can be no guarantee that agreement will be reached. The Mediator is there to help, but it is up to the parties involved to develop their own agreement.

What if there are more than two Parties?

Mediation as the chosen means of alternative dispute resolution is very flexible and is ideally suited to multi-party disputes. By bringing all parties together mutually inter-dependent solutions can be reached.

How much does Mediation cost? (up to date cost sheet ?)

This will vary depending on how complicated the problem is. However, the parties will share the cost of the Mediator whose basis of charge will be known and agreed before the Mediation commences, Apart from the Mediator's charges and the parties giving up their own time there should be little additional costs unless the parties want to bring with them specialist advisors.


There have been cases where the original claim has been in one band but with a substantial counterclaim(s). These can push the dispute from one band to another and the fees payable will be based on an aggregate of the claim and counterclaim(s). For instance if there is a claim for £45,000 and a counterclaim for £35,000, the aggregate of the two claims is £80,000 and the fee payable will be £975 + VAT per party.

Multiple Parties

Fees are based on single claimant/defendant disputes. If there is more than one claimant and/or defendant the length of the mediation session may need to be increased and we will discuss this with you when organising your mediation and the fees that will be payable as a consequence.


Refunds will only be granted if the parties contacts the mediator by either e-mail, letter or phone call no later than 10 working days before the mediation date to advise that the claim has been settled.

Additional charges

Unless otherwise agreed, the parties will be responsible for arranging and paying for the venue for the mediation which will take into account the recommendations of the Mediator.

The mediation should take place on neutral ground so far as is possible and should comprise, if possible, a private room for each of the parties and their representatives and a room to be occupied by the mediator and in which the joint sessions shall be held.

All rooms should have a supply, throughout the mediation, of soft drinks, tea and coffee and comprise a table and sufficient chairs for everyone attending.

There should be adequate car parking facilities on site or within a reasonable walking distance. Dispute Value changes.

If during a mediation it becomes apparent that the amount in dispute is higher than that originally discussed with the mediator and upon which the mediation fee has been based, then the mediator reserves the right to invoice the parties for any additional amount that would have been payable in accordance with our published rates from time to time and further has the right to postpone the mediation until such additional fees have been paid.

Amount claimed

Fees – per party

Length of session

Extra hours – per party

£5,000 - £15,000 – Fast Track

£250 + VAT

3 hours

£85 + VAT per hour

£15,001 - £50,000 – Multi Track

£375 + VAT

4 hours

£93.50 + VAT per hour

£50,001 - £100,000 – Multi Track

£488 + VAT

£975 + VAT

4 hours

8 hours

£125 + VAT per hour

£125 + VAT per hour

£100,000 - £250,000 – Multi Track

£875 + VAT

£1,750 + VAT

4 hours

8 hours

£155 + VAT per hour

£155 + VAT per hour

£250,001-£500,000 – Multi Track

£1,950 + VAT

8 hours

£175 + VAT per hour

£500,001-£750,000 – Multi Track

£2,150 + VAT

8 hours

£200 + VAT per hour

£750,001-£1,000,000 – Multi Track

£2,375 + VAT

8 hours

£225 + VAT per hour

£1,000,001 + Multi Track

£3,975 + VAT

8 hours

£250 + VAT per hour