Civil, Commercial and Community Mediation
Civil and commercial disputes are slow, expensive and draining, and litigation rarely improves the relationship between the parties. Mediation offers a different route: a structured, confidential conversation with an impartial third party, aimed at a settlement both sides can live with. Mediation at Marking Therapy is delivered by a Civil Mediation Council Associate Mediator with a therapist’s ear for what sits underneath a dispute. Sessions are conducted by Kingsley, a participant in the CMC Fixed Fee Scheme, by telephone, by video or in person. Nothing is imposed on you, the decision stays with the parties, and discussions are held on a without prejudice basis. Fees: for disputes under £50,000 mediation is offered under the Fixed Fee Mediation Scheme, from £75 per party for a one hour telephone or video session, up to £445 per party for four hours, with no VAT to add. For larger or more complex matters, contact us for a quote and we will come back to you within two working days. See all fees.What to expect
Mediation is a structured, confidential conversation led by an impartial third party. We help the people in dispute reach their own agreement, rather than having one imposed, which keeps control in your hands and often preserves a working relationship. Sessions can be arranged in person or online.Who it is for
Mediation here is for parties in civil and commercial disputes of many kinds: contract and business disagreements, workplace matters and neighbour disputes among them. Both parties need to agree to mediate; once they do, a date can usually be arranged quickly, in person or online. Neighbour and community disputes have their own section below. If you are unsure whether your dispute is suitable, ask and we will talk it through. Matters outside the mediator's training, competence and scope are declined or referred on. Mediation is conducted in English; an interpreter can be arranged on request, at the parties' own cost.
How the process works: the six stages
Mediation is arranged by enquiry rather than online booking, and follows the same six stages whatever the dispute.
- Stage 1, enquiry and conflict check. Either party, or a representative, sends the short enquiry form on this page: the names of all parties and representatives, the type of dispute, its value band, the stage it has reached, and the preferred format and dates. Marking Therapy checks for any conflict of interest and whether the matter is suitable, and replies within two working days. Nothing substantive is discussed at this stage.
- Stage 2, agreement to mediate and quote. Both parties confirm they are willing to mediate. A written quote is sent, taken from the fixed fee scheme for disputes under £50,000 or agreed in advance for larger or more complex matters, and the Agreement to Mediate goes to every party and representative for signature. No date is fixed until it is signed by all.
- Stage 3, preparation. Each party sends a short position statement (two pages at most) and any key documents at least five working days before the day, to the mediator only or to all parties as agreed. The mediator may hold a short private call with each party beforehand. A preparation note goes out with the Agreement.
- Stage 4, the mediation day. Usually an opening joint session, then private sessions with each party in turn, with the mediator moving between them; joint sessions are reconvened when useful. Sessions of two hours or less are normally by telephone or video; longer matters by video or in person at a neutral venue agreed in advance. The mediator does not advise either side, does not decide the outcome, and does not disclose what is said in a private session without that party’s permission.
- Stage 5, settlement or close. If terms are agreed, they are written down and signed by the parties before the day ends; a signed settlement is binding as a contract, and where court proceedings are live the parties’ representatives can ask the court to record it as a consent order. If no agreement is reached, the parties keep every option they had, and nothing said in the mediation can be used later, save for the narrow exceptions set out in the Agreement.
- Stage 6, after the day. A short closing letter confirms the outcome (settled, part settled or not settled) without recording the content of the discussions. Mediation records are kept for the period stated in the privacy notice and then destroyed. Feedback is invited from each party, and the complaints route below stays open.
Discussions are confidential and held on a without prejudice basis throughout, and Kingsley acts as an impartial mediator, under his Civil and Commercial Mediation Foundation Training and Civil Mediation Council registration as an Associate Mediator.
Community mediation
Marking Therapy also mediates disputes between neighbours and within communities: noise, boundaries, shared spaces and access, parking, the behaviour of visitors, and disagreements that have grown between people who have to keep living near each other. The process is the same as for civil and commercial work: a confidential enquiry from one party, a check for conflicts, contact with the other party to invite them in, a short preparation call with each side, and a joint session of up to two hours, in person in South Shields or online. Both parties must take part willingly, and community mediation is quoted individually. It is not suitable where there has been violence, harassment or threats, where a court order or injunction is in force, or where one party is not able to speak for themselves; those situations are pointed to the right service instead. Housing officers, councils and residents’ associations can refer both parties with their agreement.
Fees
For disputes under £50,000 there is a published fixed fee scheme, so both parties know the cost before they begin. Longer or more complex matters are agreed in advance. Full fees for every service are on the fees page.
For solicitors, insurers, employers and referrers
Send the conflict-check enquiry with the names of the parties and their representatives, and the claim number if proceedings are live. Marking Therapy replies within two working days with availability and a quote. The Agreement to Mediate goes to each representative, position statements come from the representatives, and the mediator is available for a short call with each of them before the day. Settlement terms are drafted by the representatives on the day, with the mediator’s help on structure only. For small claims and low-value disputes, the one hour fixed fee telephone or video mediation is the usual fit.
If something goes wrong
Marking Therapy works to the Civil Mediation Council’s requirements and the European Code of Conduct for Mediators. If you are unhappy with any part of a mediation, tell the mediator, in writing if you can, within 28 days of the mediation. Marking Therapy acknowledges a complaint within five working days and replies in full within 28 days. If the reply does not resolve it, you can take the complaint to the Civil Mediation Council under its complaints procedure, which considers complaints about registered mediators once they have been through the mediator’s own process; the details and the form are on the Civil Mediation Council’s website. Nothing in this route removes any legal right you have.
