Jurisdiction(s):
United Kingdom

Key definition

Mediation definition

What does Mediation mean? Mediation is a form of alternative dispute resolution (ADR) in which an independent mediator helps parties negotiate a settlement through a structured, confidential process. The mediator facilitates discussion (often via joint meetings and private caucuses) but has no power to impose an outcome. Participation is usually voluntary, and the process is without prejudice; any settlement is non‑binding until recorded in a written agreement. Across England & Wales, Scotland and Northern Ireland, mediation is not defined in a single statute but is recognised by case law and court practice. Courts encourage ADR, can stay/sist proceedings to allow mediation, and may...

Practitioner’s guide to mediation in civil disputes: preparation, joint and private sessions, negotiation, settlement and post-mediation options (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note outlines the principal phases of the mediation process, spanning initial meetings with the client and mediator, joint sessions between all participants, opening statements, private caucuses during the day, the potential to reach a settlement at the mediation itself, and matters that may arise once the mediation has concluded.

Before the mediation

For guidance on practical arrangements—such as securing the venue, setting the timetable and confirming attendees—see Practice Note: Organising a mediation.

Pre-mediation meetings—lawyer and client

Good practice is to meet the client(s) beforehand—and, where appropriate, for counsel or experts to confer—to agree strategy and define the part each attendee will play at the mediation, while remaining flexible as the process develops. It can be advantageous for the client to assume a leading role and deliver the opening remarks, which may prove more persuasive than lawyer-led presentations and often feel more natural. It is also common for the mediator to invite clients to add a statement after their lawyer has spoken. This approach is frequently very effective and provides space for both commercial and personal considerations to be expressed...

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Web page updated on 21/05/2026

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