Choosing a mediation provider
Choosing a mediation provider is not straightforward. There is no consistent quality or accreditation system which applies to all types of mediators or mediation providers. There is no single regulatory body for mediators. In England and Wales there is not even a single body that can help you locate a local mediation provider.
In Scotland, the Scottish Mediation Network links family, community and civil mediation providers. Through their website you can find a local mediator for any type of dispute. At the end of 2007 the network launched the Scottish Mediation Register, a web based listing of mediators who self certify that they meet minimum standards. These standards cover:
- training
- continuing practice development
- adherence to a code of practice
- complaints handing procedures
- appropriate indemnity insurance
There is as yet no equivalent mediation network in England, Wales or Northern Ireland.
Family Mediation
The Family Mediation Council was set up in 2007 to harmonise standards for family mediation in the UK. The council approves family mediation bodies which meet its requirements. Family mediators who are trained and accredited by bodies approved by the council are listed on the government's Family Mediation Database.
There is a Mediation Qualilty Mark for family mediation providers which is run by the Legal Services Commission. This Quality Mark covers standards of organisation and customer care for mediation services, and individual accreditation for mediators working for those services. All family mediation services and individual mediators providing mediation under the legal aid scheme meet these standards.
Community Mediation
The Mediation Quality Mark for community mediation services is similar to that for family mediators and is now managed by the College of Mediators.
There is currently no national umbrella organisation for community mediation providers. Mediation UK, which was the national body for over 120 community mediation services, went into voluntary liquidation in October 2006. The Mediation UK website is no longer live, so there is no simple way to locate a local community mediation service.
If you want to find a local community mediation service for neighbour disputes, your options are:
- to search for your nearest community mediation service using an internet search engine
- to get information from your local council; many community mediation services are funded by their local authority
- to get information from your local telephone directory, library or CAB
- to look at the Directory of UK Mediation which was set up in January 2007: this directory provides a searchable database of some community mediation services in the UK
Note that none of these options provide any quality assurance standards.
The College of Mediators is an independent professional body for mediators, which sets standards for training, supervision and practice, and keeps a register of mediators that meet these standards. It was originally founded for family mediators, but in 2008 it expanded to include community mediators as well. Some (but not all) community mediators are accredited by the College and listed on their register.
Civil and commercial mediation
The Civil Mediation Council is a national body which represents and promotes civil and commercial mediation. It operates an accreditation scheme for civil and commercial mediation providers - but not for individual mediators. The accreditation scheme relies on self-certification by civil and commercial mediation services, and includes criteria for adequate training, insurance and complaints procedures. ASA has some concerns about how robust this accreditation scheme is. For example:
- There is no consistent inspection or auditing process involved in assessing applications for accreditation
- There are as yet no minimum standards for professional practice supervision
- The accreditation does not apply to individual mediators
Fixed-rate mediation is available from providers listed on the government's Civil Mediation Directory (which replaced the National Mediation Helpline in October 2011). This is an online tool that helps you to locate a mediation provider for a money-based (commercial) dispute. All providers listed are accredited by the Civil Mediation Council.
Mediations are provided at a fixed, subsidised rate, which starts from £50 + VAT per party for a one-hour session for small claims (of less than £5,000), increasing to £425 + VAT per party for a four-hour session (for claims up to £50,000).
When contacting a provider, it is important to mention that you located them via the Directory, in order to obtain the fixed-fee rate. It is also important to check with the provider whether any additional charges will apply - such as the costs of room hire or administration charges.
It is not clear to what extent the fixed-rate mediation applies to disputes that are not money-based claims. For specialist mediation providers, check the Problem Types pages on this website.
Workplace mediation
You can get advice and help with trying to resolve employment disputes through Acas conciliation which offers free telephone conciliation. Acas can also provide experienced workplace mediators, though there is a charge for this. You can also locate workplace mediators through the Civil Mediation Council Workplace Mediation Register. However the same reservations about the registration criteria apply as with civil and commercial mediation services.
October 2011
