Ask Nigel

Your questions answered

Commonest Questions about Mediation

Here are my answers to the most frequent queries I receive.
By sharing them here, I hope to provide reassurance about the modern process used by registered mediators in the UK.

Artificial Intelligence in a mediation?
"Should I use Artificial Intelligence when participating in a mediation?"
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How can I reach an agreement with a domineering person?
“One worry about mediating is that the person on the other side is a bright, confident, strong personality. How can I reach a willing agreement with this domineering person?”
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Online, in-person or hybrid mediations - which is best?
“I see you offer online mediations (ODR), in-person mediations and hybrid ones (i.e. initial private sessions online and then main meetings in person). Which would you recommend as being best?”
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Could you run a Workplace Mediation like a Civil Mediation?
"I've been told that a Workplace Mediation is a single, face-to-face, long joint meeting. Could you run it like a civil mediation where we take turns to meet you privately?"
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Does there have to be a Joint Opening session in my commercial mediation?
“Does there have to be a Joint Opening session? The dispute has been really nasty, can’t we just go straight into the private sessions?”
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Can I attend the mediation without a lawyer?
“Can I attend the mediation without a lawyer? What happens if the other side has one and I don’t?”
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How best to prepare for mediation?
“What is your general advice for how best to prepare for mediation?”
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The other side has not stuck to the Mediation Settlement Agreement.
“The other side has not stuck to the terms agreed in our Mediation Settlement Agreement last month. What should I do? Can you help?”
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Do you do Family or Community mediations?
“I see you do Workplace mediations too. What about Family or Community mediations?”
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What is the difference between Civil and Commercial mediations?
"What is the difference between Civil and Commercial mediations?"
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Is mediation good and litigation bad?
“I’m getting bored of people telling me that mediation is good and litigation is bad. Surely there is more to it than that?”
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How will you know what my interests are?
“How will you know what my interests are, especially when confidentiality is at the heart of the process?”
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In Brief

Can I have a mediation online on Zoom or MS Teams?

Yes, and it is cheaper because there are no expenses for travel or venue hire. Beware that many mediators find that online mediations (ODR: Online Dispute Resolution) generate less focus and energy in the private rooms, lowering the prospect of success or a finely crafted settlement.

How long will my mediation take?

One day, up to 8 hours for Civil and Commercial Mediations.
Workplace mediations conclude more quickly, taking about 3 hours in my experience.

Yes, depending on the type of case and your means. These Legal Activities under s.12(3)(b) Legal Services Act 2007 fall within the scope of the Legal Aid. However, Legal Aid is heavily restricted by the kind of dispute and what you score on a means test. It is only a minority of people whose Legal Aid application will succeed.

Yes for the mediator, no for the venue. Payment for the mediator is also subject to the kind of dispute and what you score on a means test.

What is your best advice for covering the cost of mediation (the mediator, the venue and my lawyer)?

Check whether you have Legal Expenses Insurance. If so, what does it cover you for? Many people do not realise they have it, usually because they have forgotten that they clicked to select it as an optional extra to some other insurance. It is extremely cheap for the value it provides and is an enormous advantage if your mediation does not succeed.

Can I hire you as my Mediation Advocate?

No, although I am accredited in Mediation Advocacy, I only practise in my capacity as a Mediator.

If my mediation is not successful, can I instruct you to act for me as a barrister?

No, I no longer practise as a barrister, so cannot be instructed to act for you by a solicitor or through the Bar Council’s Public Access (formerly Direct Access) scheme. I have a non-practising affiliation to Lamb Chambers, Temple, London.

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