Private mediation lets parties choose a neutral mediator and negotiate a practical settlement before a dispute becomes more expensive or disruptive. It is a voluntary process designed around the parties, their timetable and the commercial or family relationship they want to preserve.
When private mediation is useful
It can suit contract, shareholder, property, insurance, family-business and workplace disputes where the parties want a solution they can shape themselves. It is particularly useful where a continued relationship, confidentiality or a quick business decision matters.
How the process is agreed
The parties appoint a mutually acceptable mediator and record the scope, confidentiality, fees, attendance, timetable and authority to settle in an agreement to mediate. Each party should bring a decision-maker and the documents needed to understand the issue.
What happens in a session
The mediator manages the discussion but does not impose a decision. Parties may meet together and separately, test options and work towards terms that address payment, performance, releases, future conduct or an orderly exit. The process works best when the participants arrive prepared to discuss both legal risk and practical interests.
Documenting a settlement
A settlement should identify the parties, obligations, dates, payment mechanics, releases, confidentiality and the consequence of default. Obtain advice before signing where the settlement affects property, company rights, security or ongoing commercial obligations.
Next step
CS Advocates LLP advises on private mediation strategy, mediator selection and settlement documentation. See our Arbitration and ADR practice or contact the firm for a confidential consultation.