Studies have shown that the success rate of mediation can range from 70% to 80% or even higher in some cases. This means that in the majority of cases, parties are able to reach a mutually acceptable resolution through the mediation process. Mediators are as competent as many lawyers are and have undergone mediation training to help resolve a dispute with both parties involved.

Mandatory mediation refers to a process in which parties in a dispute are required to attend a mediation in order to try to resolve their dispute before they can pursue other legal avenues, such as going to court. This type of mediation can be ordered by a court, by agreement between the parties, or by law in certain jurisdictions.

The Mediation Process

Countries where mediation is mandatory for dispute resolution:

In the United Arab Emirates (UAE), mandatory mediation is a legal requirement in certain types of disputes. The UAE Federal Law No. 13 of 2016 on Mediation for Settlement of Civil Disputes (the "Mediation Law") provides the legal framework for mandatory mediation in the country.

Some US states, such as California, Florida, and Utah, require a mediation process for certain family law disputes, such as child custody and visitation matters.

Ground rules for mandatory mediation and dispute resolution

It's important to note that the specific requirements for a mandatory mediation process can vary by the jurisdiction and by the type of dispute. It's always a good idea to discuss with a local attorney or mediator to determine the requirements in your area. As we previously explained, for some places, mediation may be mandatory for resolving disputes of certain types, such as in family law or small claims cases. In other areas, settlement may be voluntary or not required at all.

In Canadian provinces, such as Ontario and Alberta, mediation is mandatory for certain civil disputes, such as personal injury claims and construction disputes.

In the United Kingdom, mediation is mandatory for parties seeking to resolve disputes through the courts in certain family law matters. Also, the Scottish courts have introduced mandatory mediation in certain types of civil cases, such as family law disputes and some commercial disputes.

How the mediation process typically works

1. The parties agree to mediate: First, the parties involved in the dispute must agree to mediate and have a meeting. The mediation process is voluntary, so all parties must be willing to participate to reach a negotiated agreement.

2. Choose a mediator: Once the parties agree to mediate, they typically choose a mediator. The mediator is a neutral third party who does not have a stake in the outcome of the dispute. The parties can choose a mediator on their own or use a mediator provided by a court or mediation service.

3. Preparation: Before the mediation, the parties will usually provide the mediator with some background information about the dispute. This can include documents, statements, or any other relevant information. All this helps the mediator to reach a successful dispute resolution.

4. The mediation: The mediation typically begins with an opening statement from the mediator. The mediator will discuss the ground rules for the mediation, such as confidentiality, and describe the process. Then, each party will have the opportunity to describe their perspective on the dispute. The mediator may ask questions to clarify or explore the parties' positions.

5. Negotiation: Once all parties have had the opportunity to speak, the mediator will work with them to identify common ground and explore possible negotiations. The mediator may meet with the parties separately or together and may propose ideas for dispute resolution.

6. Agreement: If the parties can decide to reach a mediation agreement, the mediator will draft a written agreement outlining the terms of the agreement. Once the parties have reviewed and signed the agreement, it becomes binding.

What if my country doesn't have mandatory mediation?

If your country doesn't have mandatory mediation, it means that mediation is not required by law as a first step in resolving disputes, but it is still a possible option. In such cases, you may want to consider mediation as an alternative to going to court or other forms of dispute resolution.

Will I meet a mediator in person?

Yes, this is called same-room mediation.

Same-room mediation refers to a process in which two or more parties in a dispute have a first meeting together in the same physical location with a mediator to discuss their differences. In a same-room mediation, the mediator acts as a neutral third party in person and facilitates communication and negotiation between the parties to help them reach an agreement.

Same-room mediation can be an effective way to make sure a dispute is dealt with, as it allows the parties to communicate directly with each other in person. The mediator can help to clarify misunderstandings and help the parties identify common ground.

In the United States, there is no governing or regulatory body for mediation as an alternative possible solution.

There is no single governing body in the United States that regulates mediation as an alternative dispute resolution process. However, there are several organisations that set standards and provide mediation training, as well as promote mediation as a viable option. Some of these organisations include:

American Bar Association Section of Dispute Resolution

Association for Conflict Resolution

International Mediation Institute

National Association for Community Mediation

American Arbitration Association

In addition, many states have their own regulatory bodies and certification requirements for mediators, which may be overseen by courts, bar associations, or other relevant entities.

There are some general jurisdictions on mediation that are commonly applied

Confidentiality: Mediation is typically a confidential process, meaning that what is said and discussed during mediation cannot be disclosed outside of the mediation session.

Voluntariness: Mediation is generally a voluntary process, meaning that the parties are not required to participate in mediation if they do not wish to do so. However, in some jurisdictions, there may be court-ordered mediation as a prerequisite for a trial.

Mediator qualifications: In some jurisdictions, there may be specific qualifications or certifications required for mediators. For example, some jurisdictions require mediators to have completed a certain amount of training or to have a certain level of experience.

Mediation agreements: Once the parties reach a resolution through mediation, they may enter into a written agreement outlining the terms of their agreement. In some jurisdictions, these agreements may be legally binding and enforceable.

Is there any form of punishment/sanctions if a party wants to mediate and the other refuses?

In some jurisdictions, there may be laws or court rules that require parties to participate in mediation or other forms of alternative dispute resolution (ADR) before proceeding to trial. If a party refuses to participate in mediation or frustrates the mediation process, they may face certain consequences or sanctions.

For example, in some jurisdictions, a court may impose sanctions on a party that unreasonably refuses to participate in mediation or otherwise frustrates the mediation process. These sanctions may include monetary penalties, an order to pay the other party's costs and fees, or even dismissal of the case or a ruling in favour of the other party.

In addition, the refusal to participate in mediation or other forms of ADR may be viewed negatively by a court and may affect the outcome of the case. If one party has made a good faith effort to resolve the dispute through mediation and the other party has refused to participate or has acted in bad faith during the mediation process, this may be taken into account by the court when making a final ruling in the case.

However, it's important to note that the specific sanctions and consequences for failing to participate in mediation may vary depending on the jurisdiction and the specific circumstances of the case. Parties in a dispute should consult with a qualified legal professional to understand the laws and regulations in their jurisdiction and the potential consequences of refusing to participate in mediation or frustrating the mediation process.