What is mediation?

A mediation is about being able to have a constructive conversation, between two or more parties who disagree, or people who need to have a difficult conversation. It works because the mediator doesn't know the parties, so can remain neutral and impartial throughout. Mediators work with the parties before and during a mediation, listening to what's important to them and helping them to be in the best position to achieve what they want from mediation. It is not about winning or losing, it's about working collaboratively to agree on workable and sustainable outcomes for all parties involved.

What does a mediation typically cost?

For civil and commercial matters, Emma adhere’s to the Civil Mediation Council's Fixed Fee Scheme. This sets out fees for disputes up to a maximum of £50,000 and can be seen here. For disputes above this amount, please contact me and I will provide a quote.

For workplace and employment disputes, please contact me and I will provide a quote. 

Does Emma offer online and in-person mediations?

Yes, and there is demand for both. Zoom works very well, particularly if there is a need to keep costs to a minimum. For in-person mediations, travel is charged at cost.

What is the process of mediation?

There is a separate page outlining the process which you can access here.

Do I need to have a solicitor attend the mediation with me?

It is your choice whether you would like your lawyer to attend a mediation with you. For less complex disputes, parties often choose to represent themselves. Though as a mediator, Emma is a neutral party and will not provide any legal advice before, during or after the mediation.

Can I force the other party to mediate?

Mediation is a voluntary process, and people cannot be forced to attend. However, the courts are increasingly encouraging parties to engage with mediation before going to court. This means there may be financial penalties imposed if parties choose not to mediate before opting for litigation.

Can Emma guarantee we will get an agreement on the day?

There is no guarantee that parties will reach an agreement. However, Emma will help parties get to the root issues behind the disputes and to help them to have respectful and productive conversations. The mediation process helps parties to gradually pivot from their initial, fixed positions and move to a place where workable solutions can be talked through and agreed upon on the day. However, where parties don't reach agreement on the day, it is not uncommon for agreement to be reached a short time after the mediation has taken place. To help with this, Emma is always happy to continue working with parties after a mediation.

Why should we book Emma as our mediator?

Emma is an empathetic, creative and pragmatic mediator who particularly likes working on disputes where there is a real human aspect involved. She understands there will always be different interests and priorities for each party and enjoys the challenge in helping parties reach workable solutions that everyone can live with beyond a mediation. Emma will always work hard with and for parties to keep momentum going, highlight where parties align and help them to bridge those differences, big or small. 

Are parties’ conversations confidential?

Yes, absolutely. One of the key things about mediation is that the mediation itself is confidential and everything a party says to a mediator is confidential. A mediator will not divulge anything you say unless you give express permission (subject to certain exceptions within the mediation agreement). Before the mediation, all parties will sign a mediation agreement to confirm their understanding and adherence to this.

What is Emma’s style of mediating?

Emma is a facilitative mediator. This means she helps set parties up to have successful conversations and reach mutually acceptable resolutions. This is done through understanding what is important to parties, being adaptable, actively listening, asking lots of questions and skilfully managing discussions.