Mediation – ACAS and MIAM

Disputes are stressful - regardless of whether it’s a family breakdown, a workplace issue, or a business disagreement. When emotions run high, the last thing most people want is a courtroom battle draining time, money, and emotional energy. But what if there was a way to resolve disputes faster, more privately, and with less conflict? That’s where mediation comes in.

 Mediation offers a different path, one that focuses on understanding, co-operation, and resolution rather than winning and losing.

What is mediation -

Mediation is a confidential process used to settle disputes whether that be between two or more individuals, businesses or family members.

It is held by what is called a ‘mediator’ who is a neutral person, meaning they do not take sides and are there to help everyone involved. Their role in mediation is to help parties talk through the issues at hand, negotiate and hopefully come to a mutually agreed resolution.

The mediator does not judge who was right or wrong, past or present. It is focused on being able to work together in the future without any more disputes arising.

What will mediation provide?

Mediation may generate an outcome of:

• an acknowledgement of each party's views.
• A commitment to change behaviour.
• A commitment to regularly review the agreement reached. 
• An agreement to review policies and procedures.
• An agreement to share work more fairly and provide more responsibility.
• An agreed settlement

at hand.

In most types of mediation, if you agree on a resolution you will sign a written agreement, known as a ‘settlement agreement’, which will set out the agreement you have reached.

This signed agreement serves as a legally binding contract so may be legally enforceable.

It is worth noting that if mediation is not successful and you do not reach an agreement, anything that has been said during the mediation must be kept confidential and cannot be used in future proceedings.

When is the best time to Mediate?

Mediation can take place at any time before your case reaches a hearing date or trial at court. There is no set time to approach mediation and is individual to your situation. That being said - mediation is best used as early as possible so the disagreement or dispute does not progress into legal proceedings.

You can pause your case if it has already started if you wish to give mediation a go. The judge does not get told what is discussed or offered – mediation is 100% confidential between yourself and those involved.

The benefits of mediation –

Mediation allows you to stay in control. Unlike a court where a judge makes the decisions, you are able to decide how you want to resolve the dispute and do not have to accept any outcome you do not agree with.

Mediation is more time efficient and less expensive than any court proceedings. This means the problem can be dealt with sooner and can reduce harm to relationships.

Mediation is 100% confidential and only concerns yourself and the other parties. This differs from court because sometimes it may become a public process.

How much does mediation cost?

This depends on the type of mediation and if there is any complexity to the dispute. It is best to ask your ‘mediator’ what their costs are.

If your dispute is regarding a money claim under £10,000, you may be able to use the Government’s free Small Claims Mediation Service.

If you are a landlord or tenant involved in a housing possession case, you may be able to use the Government’s free Rental Mediation Service.

If your dispute is under £50,000 in value, the Civil Mediation Council hosts a Fixed Fee Mediation Scheme  which allows parties to employ a mediator at reasonable rates.

Typically, both sides of the dispute pay an equal share of the fee, regardless of who initiates the mediation.

 Where to find a mediator?

The Civil Mediation Council has a searchable list of registered mediators and mediation providers. Mediator Search — Civil Mediation

ACAS and MIAM: what are they?

The Advisory, Conciliation and Arbitration Service (ACAS) can provide free advice for employees and employers on employment rights, workplace conflict and the best practice and polices. ACAS offer mediation (conciliation) to try to encourage the parties to reach an agreement without the need to go to an employment tribunal.

ACAS is contactable via the advice page: Advice | Acas or, if you would rather speak to someone you can contact the ACAS Helpline at 0300 123 1100 which is open Monday to Friday, 8am to 6pm.

For Family matters you will be expected to attend a Mediation Information & Assessment Meeting (MIAM). The mediator will help you find a solution which works for you both and will explain what needs to happen to make an agreement between you legally binding. FMC Registered Mediators have helped hundreds of thousands of families to agree.

You can find your local MIAM mediator here Find your local mediator - Family Mediation Council.

Here at BULAC we can advise you on a mediation process, or on advice for an ongoing dispute. If you would like an appointment please call 01248 388411 or email bulac@bangor.ac.uk.