Mediation FAQ - Answers to the most commonly asked questions
Have questions about BHA Mediation? Do you have queries about how mediations work in general? Below is a helpful list of answers to the most commonly asked questions we receive:
How much does it cost?
Our fee structure is based on the type of mediation you require and is then tailored to the specifics of your dispute. Please click on one of the following options to see how much it is likely to cost for your mediation:
Civil Mediation | Commercial Mediation | Community Mediation | Family Mediation | Employment Mediation | Workplace Mediation
How long does it take?
The length of a mediation depends on a number of factors such as the number of parties involved, the complexity of the dispute and the willingness of the parties to work towards a solution.
Typically however a mediation should take under 4 hours, but it is possible that it could take a full day.
In unusual circumstances it can take multiple sessions to come to a resolution, especially if there are a number of factors involved, if it is not possible to complete the mediation due to time factors, or if a proposed solution will have a significantly life changing impact on either party.
Where are you based?
BHA Mediation is based out of Seaford, East Sussex, in between Brighton and Eastbourne. We primarily carry out mediations in East Sussex, West Sussex, Kent and Surrey.
We also have a registered office in London and are happy to mediate in the Greater London area, nationwide or even internationally.
Why do you recommend an initial consultation?
An initial consultation allows for each party to provide their perspective on the issues, the background to the situation and any possible solutions that they may have considered.
This can save significant time at the mediation itself and allows us to focus on the future and a resolution, as opposed to the history that may have led us to this point.
It is also useful to do this prior to the mediation itself so we can determine any documentation/contracts/evidence that might be needed to come to a settlement.
Is the settlement agreement legally binding?
Settlement Agreements reached at mediation are 100% legally binding and will be upheld in court. Once a settlement agreement has been signed by all parties then they are legally responsible to ensure that they meet the obligations of the settlement. Failure by any party to do so could result in another party taking the matter further.
What happens if we don’t settle?
Not all mediations do reach a settlement agreement. Sometimes the forum of a mediation is not suitable to actually reach a mutually agreeable resolution. Typically this is down to one or more parties not being willing to compromise enough, or the two parties are just too far apart to come to an understanding. This is not common however. Mediations are voluntary and normally a willingness to undertake mediation means that all parties are willing to work together to find a solution. That said, during the course of the last calendar year we have a 100% settlement record!
Can you carry on mediating our situation after an agreement?
Generally this is not required as there is a settlement agreement in place, however we will of course support you in any way possible following a mediation.
From time to time we have mediations with review points where the parties agree for a follow-up to mediation at a point set in the future or at regular intervals.
We also have mediations where it is not possible to agree on a 3rd Party to act a liaison for the parties. Is such situations we are happy to offer to become that liaison and will bill for time on a monthly basis.
On other occasions, typically commercial ones, where there are issues between directors or shareholders we can be appointed as Non Executive Directors to consult at board or shareholder meetings, as well as on an ad-hoc or more regular basis.
How can I pay?
Payments are due on receipt of invoice. We can accept payments via BACS, PayPal, Credit Card (through PayPal) and in rare cases in cash.
Can you produce the MIAM form that I need for court?
This is one area in which we are unable to help. If you require a MIAM form where a settlement agreement has not been met, then you will need to contact a mediation provider suited to your specific needs.
Are you properly accredited and certified?
BHA Mediators are certified members of the Civil Mediation Council (CMC) and have completed the relevant training required to be considered a CMC recognised Civil and Commercial Mediator.
We have ICO Data Protection accreditation, £2 million Professional Indemnity and Negligence cover, £10 million Public & Products Liability and £10 million Employers’ Liability Insurance.
BHA Mediation mediators are also members of CEDR, Align Mediation, The Mediation Network, Clerksroom Mediation and hold professional memberships with various other organisations.
Check out our Accreditations and Certifications page for more info.
Where will the mediation take place?
Mediations typically require multiple rooms, ideally one more than the number of parties involved. However this is just a rule of thumb. We appreciate it may not be possible, and that if cost is a factor then the renting of multiple rooms may not be an option. Don’t worry, we have a history of coming up with unusual methods of conducting mediations!
What happens if the other party doesn’t agree to mediation?
Mediations have to be voluntary in order to be successful and all parties need to appreciate the benefits of working towards a common goal. If after our initial consultation you wish us to broach the subject with the other party, then we are more than happy to do so. In the unlikely event that they do not agree to mediation you may be left with no other choice but to pursue an alternative route, such as going to court.
Can I speak to some of your former clients about the service you provided?
All mediations are confidential. This applies to discussions a mediator might have with each individual party, to the mediation itself and also to the settlement agreement. For that reason we cannot recommend former clients that you can speak to about our services. On the plus side, knowing how seriously we take confidentiality, you can rely on our complete discretion with regards to your own dispute!
Why can’t I find many reviews about BHA Mediation online?
Typically people do not wish others to know they have come to mediation to resolve their issues, even if there was a positive outcome. That said, click here to review some of our more recent testimonials and recommediatons.
Have any other questions that we have not covered in this Mediation FAQ?
For any questions you may have about our company or about mediations in general, that are not part of this Mediation FAQ, then please scroll down to the bottom of the page and get in touch! Alternatively call us on 07445 209 527 or email [email protected]