Frequently Asked Questions
When and for how long the mediation will take place?
It may not be appropriate to mediate until the parties have defined the issues involved and made their cases clear. If this is not possible or practicable, a HCS Mediator could assist the parties in identifying and clarifying the issues. Usually, a day is sufficient time, but this will depend on the nature of the dispute and the number of parties involved. It is often possible to arrange mediation within a few weeks. Once all parties to a case have agreed to use the HCS service, terms of engagement will need to be signed to take the process forward.
Where will the mediation take place?
The venue will be neutral, although if the parties agree to use one of their facilities it will save costs. There should be a room for each of the parties and one room large enough for all parties and the Mediator.
Who will participate?
It is important that one representative of each party has sufficient authority to settle the dispute on the day without having to refer to anybody else. Solicitors may be present, and experts may attend, but generally teams should be kept as small as possible to help speed up discussions and keep costs down.
What documents should be produced, and when?
The documents tend to consist of a brief case summary and a set of key supporting documents. They should be kept short and agreed where possible. They are usually exchanged and supplied to the mediator at least a week before the mediation. Guidance on the preparation of these documents will be given by our Mediator.
What are the costs involved?
Usually the fees are shared equally between the parties, and each party bears its own costs of preparing for, and participating in, the mediation – unless it is agreed otherwise. Costs will vary slightly from case to case depending on the complexity of the dispute.
Who will be our mediator?
HCS have available a number of fully trained mediators, and will usually only appoint a person agreed by all parties. All of our Mediators are profesionally qualified through the Centre for Effective Dispute Resolution and have a minimum of 25 years experience to Director level within the NHS.
What preparation is needed?
Each party will need to prepare for the mediation, usually in conjunction with their solicitors. Guidance is also given by the HCS Mediator assigned to your case. The strategy for the mediation will need to be discussed, including consideration of a range of possible acceptable outcomes and the alternatives to a mediated agreement.