How can mediation help me?

Mediation is a step taken in negotiations when the parties cannot come to an agreement. By involving a neutral third party, there is a new way to communicate, allowing for new ideas and solutions to develop.

What is mediation?

Mediation is when a neutral third party works with those involved in a dispute to find a solution that is agreed to by everyone, it is an aid to negotiation and prevents an escalation of issues.

The decision reached by a meditator is not binding unless all parties involved decide that it should be. If this decision was to be reached, there would be a document drafted and signed by all involved.

When can mediation be used?

Mediation can be used for various disputes, including those where litigation is not possible or lawyers are not involved. There is unlikely to be an area of law where meditation cannot be of use, but the most common areas it is used in are:

  • Contract disputes, from landlords and tenants to construction or employment contract disputes.
  • Insolvency and finance, including debt recovery.
  • Family disputes, such as issues in a divorce.
  • Government and Local authorities, this can include health service or education complaints, issues with housing or any other local authority dispute.
  • Employment, a common area where mediation is used, often between an employer and employee, or a union and management.

Overall, any disputes between parties that have come to a deadlock in negotiations can be considered for mediation.

Benefits of mediation

Having an impartial and confidential third party explore the options with the parties and seek a common ground can help disputes be solved and save from costly litigation, if that is where the case is headed next. Below the most common benefits of mediation are detailed.


Mediation can help you advocate for yourself. By adding a third party into the negotiations, there is a new route of communication and it becomes easier for you to speak up for what you need or believe should happen. The conversations are confidential and not legally binding allowing for there to be a more detailed discussion.

Mediation can also help prevent relationships  breaking down, as it is not based on a winner takes all system but on finding a happy medium between both parties.

Cost saving

If the alternatives to mediation are litigation or a constant delay on progress then having the issue come to a close will save all parties time and money. Mediation is more cost effective than both tribunals and litigation, and any settlements that are agreed to are also often lower.

Different solutions

As the scope of mediation is so broad, the decisions reached can be varied from case to case. The best solution is not always a financial remedy but for there to be a recognition of wrongdoing and steps taken for it to be prevented from happening again, or even for the completion of work to be carried out.

As mediation can be used for various disputes, the options for a solution are also varied.

To discuss this, or any other related matter, please contact Jane directly on 01483 887766, email or start a live chat today.

*This is not legal advice; it is intended to provide information of general interest about current legal issues.


Jane Crosby

Partner, Head of Dispute Resolution & Accredited Mediator

Jane is a Partner based in the Guildford office and she is also Head of the Dispute Resolution team here at Hart Brown. Jane specialises...

Jane Crosby -Head of Dispute Resolution

Partner, Head of Dispute Resolution & Accredited Mediator

Jane Crosby

Jane is a Partner based in the Guildford office and she is also Head of the Dispute Resolution team here at Hart Brown. Jane specialises in employment Law and commercial litigation and brings more than 15 years' experience to her role.

Prior to entering the legal profession, Jane was employed in the aviation industry. This experience is appreciated by many of Jane's clients who note that she is able to take a commercial and pragmatic approach to any legal issue that they face.

Jane acts for a wide range of individuals and businesses and her areas of specialism include aviation, property related industries and IT. Jane regularly advises on aspects of employment law, such as settlement agreements, employment contracts, policies and procedures, redundancies, equal pay, data protection, issues arising from TUPE and reorganisations, the calculation of holiday pay, bonus and commission payments, disciplinary and grievance issues, dismissal and termination issues, the protection of confidential information and the enforcement of restrictive covenants. Jane gets involved in GDPR training for her clients and she is able to deliver tailored employment law training sessions upon request.

As a commercial litigation lawyer, Jane also deals in shareholder and directors disputes, commercial contract disputes and the enforcement of restrictive covenants.

Jane has been involved in successful high value commercial litigation for clients in the High Courts, she is an accredited mediator and she is a member of the Employment Lawyers Association.

Jane is often asked to write for a number of well known publications, including The Daily Mail, The Telegraph and The Week and she has been interviewed on BBC Radio 4.

Here is small selection of the feedback that Jane has received:

“Jane, I cannot sincerely thank you enough for your wise counsel and am delighted to have made your acquaintance. If I am blessed with a new position somewhere I will hand over my contract in the first instance to you. Likewise, any of my friends, peers, romans and countrymen wanting advice, I will point them in your direction.”

“Jane, you have been most resilient on my behalf for which I sincerely thank you for all your endeavours. I have a tremendous working relationship with Hart Brown and you have undoubtedly compounded this further."

“I appreciated the clarity of advice given at a stressful time”.

“A sensitive and highly professional approach and efficient work in the interests of the client”.

“Your advice, conduct and assistance have been indeed outstanding and very professional but also – and most importantly – very humane”.