Mediation Services
Mediation is a voluntary, confidential process in which an independent mediator helps the parties in a dispute reach a negotiated settlement. The mediator does not decide the outcome — instead, they manage the process, help each party understand the other's position, and work towards an agreed resolution.
Settlements reached through mediation can be more flexible than a court award or arbitral decision — often preserving commercial relationships and avoiding the cost of formal proceedings.
Under Section 14 of the Mediation Act 2017, solicitors are legally obliged to advise clients to consider mediation before issuing court proceedings. Courts may impose cost sanctions where a party unreasonably refuses to engage.
Mark Etherington is an accredited mediator, having trained with ADR Group in 2006.
Mediation Act 2017
Section 14 of the Act imposes a legal obligation on a "practising solicitor" to advise their clients, before issuing proceedings, to consider mediation as a means of dispute resolution. The possible implications of not proceeding to mediation without good reason may lead the court to impose cost sanctions on "any unreasonable refusal or failure by the party" to consider or attend mediation.