The Mediation Process
A structured, confidential process designed to resolve property disputes in a single day - without the cost, delay, and hostility of litigation.
Mediation is a voluntary, confidential process where an independent, neutral third party - the mediator - helps the disputing participants reach a mutually acceptable settlement. Unlike a judge or arbitrator, the mediator does not impose a decision. Instead, the mediator facilitates negotiation, tests assumptions, and helps participants find common ground.
Property mediation is not limited to one style. Depending on the dispute and the participants' requirements, Harvey can mediate in a facilitative or evaluative way. In a facilitative mediation, the focus is on helping the participants communicate more effectively, identify their real interests, and work towards their own negotiated resolution.
In an evaluative mediation, Harvey will go further. As an experienced property solicitor and accredited mediator, he will, where appropriate, test assumptions, probe the evidence, and offer a candid professional view on the strengths and weaknesses of each side's position. That directness is often what breaks deadlocks and drives settlements.
Mediation is without prejudice. Nothing said during the mediation can be used in subsequent court proceedings if a settlement is not reached. This means participants can negotiate freely, explore creative solutions, and make concessions without fear that those concessions will be held against them later.
From first contact to signed settlement, here is how the process works.
You or your solicitor get in touch to discuss the dispute. We will have a brief, confidential conversation about the nature of the disagreement, the participants involved, and whether mediation is appropriate. There is no charge for this initial discussion.
Once all participants agree to mediate, we send out a formal Agreement to Mediate. This sets out the terms of the mediation, including confidentiality, the without-prejudice basis, the mediator's role, the fee arrangements, and our commitment under the Mediator's Green Pledge to minimise the environmental impact of the process.
Each participant prepares a concise position statement - typically 3 to 5 pages - setting out their case, the key issues in dispute, and the outcome they are seeking. These are exchanged in advance so that all sides come to the mediation fully informed.
Harvey reads the position statements, reviews key documents, and may hold brief pre-mediation calls with each participant's representatives. This preparation is critical - it means Harvey arrives on the day already understanding the legal and commercial landscape.
The mediation itself typically takes a single day. It begins with an opening plenary session and then moves into private sessions where Harvey works with each participant separately to explore positions, test assumptions, and build toward a resolution.
When terms are agreed, the participants or their solicitors are responsible for drafting the binding settlement agreement. Harvey can facilitate that process during the mediation so that, where possible, the agreement is reviewed and signed on the day. CEDR's 2025 Mediation Audit reports that 70% of mediations settle on the day, with 87% settling overall shortly after.
The day begins with all participants together. Harvey explains the process, sets the ground rules, and each side has the opportunity to make a brief opening statement. This is often the only time both sides are in the same room.
The bulk of the day is spent in private sessions. Harvey meets with each participant separately, exploring their position in confidence, understanding their priorities, and identifying where there may be room to negotiate. Everything said in a private session stays confidential unless the participant gives permission to share it.
This is where Harvey's property law expertise makes the difference. He will test assumptions, challenge unrealistic positions, and - where it will help break a deadlock - offer a candid professional view on the strengths and weaknesses of each participant's case. This evaluative element is what drives participants from entrenched positions toward workable compromises.
All discussions during the mediation are conducted on a without-prejudice basis. This means nothing said can be used in court if the mediation does not result in a settlement. This protection allows participants to negotiate freely, explore creative solutions, and make offers without fear of prejudice.
When the participants reach agreement, the participants or their solicitors are responsible for drafting the settlement agreement. Harvey can facilitate that process on the day so the agreed terms are accurately captured and, where possible, signed before everyone leaves. Once signed, it is a legally enforceable contract.
The mediation process itself is not binding - any participant can walk away at any time. However, if a settlement is reached and all participants sign the settlement agreement, that agreement becomes a legally binding and enforceable contract.
Mediation is voluntary, so all participants need to agree to take part. However, courts increasingly expect people in dispute to attempt mediation before proceeding to trial, and unreasonable refusal to mediate can result in adverse costs orders. We can help you make the case for mediation to the other side.
Most property mediations are completed in a single day - typically between 6 and 10 hours. More complex multi-participant disputes may occasionally require a second day, but this is rare. The pre-mediation preparation (position statements, document review, pre-mediation calls) typically takes 2 to 3 weeks.
It is not a requirement, but many participants find it helpful to have legal representation present - particularly for reviewing the settlement agreement at the end of the day. If you are a litigant in person, Harvey will ensure the process is fair and that you understand the implications of any agreement.
If a settlement is not reached on the day, the mediation is confidential and without prejudice. Nothing said during the process can be used in subsequent court proceedings. You are free to pursue litigation or other dispute resolution methods. In practice, many disputes that do not settle on the day reach a negotiated resolution shortly afterwards, using the momentum built during the mediation.
Yes. Mediations can be conducted in person, remotely via video conference, or in a hybrid format. Remote mediations work particularly well for disputes where the participants are based in different locations or where there is a high degree of animosity between them.
In arbitration, the arbitrator hears evidence and makes a binding decision - similar to a judge. In mediation, the mediator does not decide the outcome. Instead, the mediator helps the participants negotiate their own agreement. Mediation gives the participants control over the outcome, is generally faster and cheaper, and preserves commercial relationships.
It means that all communications during the mediation are privileged and cannot be disclosed or used as evidence in any subsequent court proceedings. This protection exists to encourage open and honest negotiation. Participants can make offers and concessions freely, knowing they will not be held against them if the mediation does not result in a settlement.
Contact us for a confidential, no-obligation discussion about your property dispute. Most mediations are arranged within 4 to 6 weeks.
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