Mediation Definition

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GLOSSARY

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What does Mediation mean?

A form of alternative dispute resolution in which a mediator follows a structured process to facilitate an agreed settlement between parties to a dispute.

HM Courts Service provides a voluntary mediation service for small claims. In other cases, an unreasonable refusal to attempt mediation can have adverse costs consequences.

Pensions

A form of dispute resolution which is private, and usually much quicker and cheaper than going to court or even using TPAS, which itself offers a form of mediation. Mediation involves the use of a trained mediator who attempts to explore with the parties whether there is a form of compromise which is possible. The NAPF and the APL both offer specialised pensions mediation services.

View the related checklists about Mediation

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Cross border considerations—checklist

Cross border considerations—checklist This Checklist aims to provide practitioners with a route map through the different cross border issues that require consideration when dealing with proceedings involving a cross border element such as a defendant domiciled outside the jurisdiction or a contractual agreement. In the form of a table it asks various questions and provides links to underlying content that will answer that question. The UK's departure from the EU has implications for practitioners dealing with cross border issues involving not only EU Member States but also contracting states of the Lugano Convention 2007 and potentially contracting states of the Hague Convention on Choice of Court Agreements. For guidance, see: Cross border considerations (Brexit)—checklist. Applicable law—general Question Guidance—Practice Notes What is applicable law? Applicable law—a guide for dispute resolution practitioners Which applicable law regime applies? Applicable law—a guide for dispute resolution practitioners What is an applicable law clause? Applicable law clauses How do I determine the applicable law under Assimilated Regulation (EC) 593/2008 Rome I?(Contract claims only) UK Rome...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action...

Passing off—flowchart

Passing off—flowchart Passing off action Passing off is a common law action that is used to protect unregistered trade mark rights in the UK. The stages of the Flowchart cover establishing a claim for passing off covering: • the three essential elements of goodwill, misrepresentation, and damage • sending a letter of claim, issuing proceedings and applying for an injunction • commencing proceedings in the general Intellectual Property List or the Intellectual Property Enterprise Court sub-list in the Business and Property Court, in the Chancery Division at the High Court • case management including allocation, the case management conference and directions • disclosure and evidence including inspection, additional disclosure and survey evidence • trial preparation and post-trial activities such as election between damages or an account of profits • applications to appeal Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Passing off—goodwill, misrepresentation and damage • Trade mark and passing off disputes—a practical guide • How to run an IP dispute...

Mediation Directive

This Practice Note covers Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, the Mediation Directive. It addresses the Directive’s application and definitions and it also covers the mediation process under the Directive, including recourse to quality mediation, the European Code of Conduct for Mediators, confidentiality, limitation and prescription periods and enforceability of settlement agreements resulting from mediation.For information on the implementation and evaluation of the Mediation Directive, see Practice Note: Mediation Directive—implementation.The objective and scope of the Mediation DirectiveThe objective of the Mediation Directive is to secure better access to justice and to encompass access to judicial as well as extrajudicial dispute resolution methods (Recital 5). The benefit of using mediation is to provide a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes that were tailored to the needs of the parties. Any agreement that is resulting from mediation is more likely to be complied with voluntarily and...

Mediation-arbitration (med-arb)—an introduction

This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors.What is med-arb?Med-arb is a hybrid, two-stage alternative dispute resolution (ADR) process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator’s award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous.There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator present for an opening session. The mediator then conducts a mediation and the arbitrator is only involved again if the mediation fails to reach a settlement. In this variant, the mediation and arbitration...

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Ireland—Simple mediation clause

Ireland—Simple mediation clause Nature of the clause This Precedent is a short-form clause for use in a business-to-business (B2B) commercial contract providing for mandatory mediation in the event of a dispute arising out of the agreement. This Precedent clause provides that the parties will seek to settle the dispute. Unlike litigation and arbitration clauses, the purpose of this clause is for the parties to seek to resolve the matter with the assistance of a mediator, but without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which a third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. Mediation is a non-binding dispute resolution process, ie any agreement reached in mediation will only be binding on the parties if they enter into a settlement agreement. Mediation allows the parties a high degree of control compared with litigation and provides a collaborative process for dispute resolution. Further advantages of...

Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

Dive into our 240 Precedents related to Mediation

The business of effecting or carrying out contracts of insurance is subject to prior authorisation under the Financial Services and Markets Act 2000. There are some limited exemptions to this requirement, for example breakdown insurance which is covered by Article 12 of the Regulated Activities Order. (Q1) Whilst the provider of 'breakdown cover/insurance' could operate under an exemption from carrying out and effecting a contract of insurance (Article 12), would the product ('breakdown cover/insurance') be classified as an insurance product? If so, should the terms and conditions of the ''breakdown cover/insurance' contain FOS rights against the provider, FSCS details? (Q2) If the product is considered to be insurance, will an agent distributing this 'breakdown cover or insurance' be conducting insurance mediation activity and therefore should be appropriately authorised, or make use of the Art 12 exemption?

The business of effecting or carrying out contracts of insurance is subject to prior authorisation under the Financial Services and Markets Act 2000. There are some limited exemptions to this requirement, for example breakdown insurance which is covered by Article 12 of the Regulated Activities Order. (Q1) Whilst the provider of 'breakdown cover/insurance' could operate under an exemption from carrying out and effecting a contract of insurance (Article 12), would the product ('breakdown cover/insurance') be classified as an insurance product? If so, should the terms and conditions of the ''breakdown cover/insurance' contain FOS rights against the provider, FSCS details? (Q2) If the product is considered to be insurance, will an agent distributing this 'breakdown cover or insurance' be conducting insurance mediation activity and therefore should be appropriately authorised, or make use of the Art 12 exemption? You are correct that there is an exclusion for breakdown insurance under Article 12 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 and it is...

Do you run a remote mediation in the same way as a face-to-face mediation?

Do you run a remote mediation in the same way as a face-to-face mediation? The legal and contractual principles under which a video conference (VC) mediation is conducted (eg without prejudice, confidentiality, privilege etc) are the same as for an in-person mediation. The process is typically the same too, with the mediator hosting a virtual joint session at the beginning of the day followed by a succession of virtual private sessions with each party in their separate virtual rooms. But there may be some practical differences/considerations in the process, including: • pre-mediation review • staggered joining times • plenary meeting • maintaining focus Each of these are discussed in turn below. Pre-mediation review With a VC mediation the mediator will usually ask for there to be a pre-mediation review—a joint video call between the lawyers using the chosen video conferencing platform taking place a few days before the mediation day. This is ostensibly to check that the advisers each have the IT working and are familiar...

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Arbitration weekly highlights—17 October 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the English courts, from India, France, Singapore and the USA and from an ICSID trbunal and updates from the CJT, ELI, JAMS, AAA and ICDR, IISD, SCCA and UNUM. Also included is news of White & Case and Queen Mary University of London (QMUL) launching the sixth edition of their international arbitration survey, closing on 11 December 2024. All this, and more in our weekly highlights.

Minutes of the CPR Committee meeting—5 July 2024

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 5 July 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including Alternative Dispute Resolution, the referral of parole cases to the High Court, amendments to CPR 25 (interim remedies and security for costs) and the small claims paper determination pilot scheme.

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