Mediation: definition and example
A meeting where an independent mediator helps both sides reach their own settlement.
By Jack Butler-Kettle · Updated
Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.
What it means in practice
Read this alongside the Pre-Action Protocol for Construction and Engineering Disputes.
A mediator helps the parties explore a settlement but does not impose an adjudicator's decision or an arbitrator's award. The parties retain control of whether to agree. Preparation should identify the issues, evidence, authority to settle and the terms needed if an agreement is reached.
A clear account of strengths, gaps and costs improves the discussion. A claim viability review can support that preparation without predicting a guaranteed settlement.
Worked example
The facts
Two businesses want to resolve a final-account dispute while preserving a working relationship.
What happens
They prepare an agreed-items schedule and identify the remaining differences.
With a mediator, they explore terms and decide whether a written compromise is acceptable.
What this shows
The outcome depends on agreement between the parties; attending mediation alone does not settle the dispute.
Sources
- Pre-Action Protocol for Construction and Engineering Disputes, second edition. Ministry of Justice.