Mediation 

We provide a professional and independent mediation service. Our experienced mediators are available to facilitate the resolution of a broad range of commercial, civil and workplace disputes in person or online.

We also provide a fixed fee online mediation service for disputes under £50,000.

What is mediation?

Mediation is a voluntary process where an independent third party neutral (the mediator) facilitates discussions between parties with a difference or dispute. It is a confidential process conducted on a “without prejudice” basis. This means that anything discussed in the mediation cannot be disclosed to the outside world or in any subsequent court, tribunal or arbitration proceedings. The mediator is impartial and neutral and uses their expertise to help the parties try to find a resolution or agree a way forward. It is for the parties to decide and agree on the outcome and the terms of any resolution or way forward. The mediator does not make a decision or impose a solution on the parties. 

What are the benefits?

  • Cost effective and quick alternative to litigation or arbitration
  • Consensual process where parties agree to work together to try and find a solution
  • Confidential process affording parties the opportunity to have candid and open discussions
  • Control from deciding the outcome, unlike in court or arbitration where a decision is imposed
  • Constructive conversations take place in a safe environment, conducive to enabling parties to better understand each other
  • Communication improvements often lead to preserving, restoring or enhancing relationships
  • Creative solutions frequently lead to successful outcomes or an agreed way forward
  • Certainty, either from an agreed resolution, or from knowing you have a better alternative
  • Conclusion of the dispute often sees the end of wasted management time, damaged relationships, lost productivity and legal fees

Our Mediators 

Rachael Bicknell

Rachael Bicknell

Prof Derek P Auchie

Prof Derek P Auchie

Dr Tom Hutcheson

Dr Tom Hutcheson

Angela Grahame Q.C

Angela Grahame Q.C

Peace dividend: mediation for insolvency disputes

This article first appeared in the May 2022 edition of The Journal of the Law Society of Scotland. Mediation provides opportunities for insolvency practitioners and defender directors to negotiate...

Whether or not there’s a will, there’s a way

This article first appeared in the December 2021 edition of The Journal of the Law Society of Scotland. Mediation is likely to lead to better outcomes than litigation when it comes to inheritance...

Farming: fertile ground for mediation

This article first appeared in the October 2021 edition of The Journal of the Law Society of Scotland. The value of mediation is becoming recognised in agricultural disputes, and not only those...

ADR: get one jump ahead

Scotland is still waiting for legislation supporting the use of mediation in civil disputes, but contract drafters can improve their client's position through dispute resolution provisions One of my...

ODR: The Next Leap Forward

John F Kennedy famously stated in 1959: “When written in Chinese, the word 'crisis' is composed of two characters – one represents danger and one represents opportunity.” (The quote has been...

Beware of dancing bears: do disputes differently

Have you heard the one about the dancing bear? “Litigation is like dancing with a bear. You decide when the dance starts. The bear decides when it stops”. The sentiment is not a new one. In the late...

Be More Cat

One of my favourite television adverts was the genius O2 campaign “Be More Dog”. You might remember it follows a day in the life of a cat – “I used to be a cat, aloof till lunch then coldly...

Disputes in the Time of Coronavirus

As handshakes are replaced with head nods and the economic impact of the COVID19 pandemic begins to take hold in the UK, businesses need to be more innovative now than ever before. It is difficult...

When Harry met Meghan: A Royal mess fit for a mediator

Yesterday’s statement from the Duke and Duchess of Sussex, that they will be stepping back from the Royal Family and work, sent shock waves through the media and the nation. It quickly transpired...

A call for collaboration, cooperation and courage

Tomorrow we take to the polls in what has been, latterly, a roller-coaster campaign trail. Only two weeks ago pollsters YouGov predicted a Conservative landslide with a 68 seat majority. Today its...

Squaring Circles

PHILOSOPHICAL MEANING – to see equally in four directions – up, down, in and out
METAPHORICAL MEANING – attempting anything that seems impossible

Squaring Circles

PHILOSOPHICAL MEANING – to see equally in four directions – up, down, in and out
METAPHORICAL MEANING – attempting anything that seems impossible