Mediation1st's unique Mediation Guarantee is an option for those financial disputes (i.e., disputes which boil down essentially to what figure is going to be on a cheque (or perhaps if there is to be a cheque at all!) where both sides are agreed that mediation simply must produce a result, perhaps because the costs of litigation are too high when compared to the amount in dispute.  Or perhaps because both sides simply need to end the uncertainty that goes with every dispute and to move on.   Or    both sides recognise that even successfully litigating a dispute can interfere with more important things, like the profitable daily running of a business

In such cases for an additional  £500 plus VAT per party, the parties can sign up to the Mediation Guarantee when agreeing to mediate.   The mediation will then take place as normal.   The odds are that it will settle just as most mediations ordinarily do.  In fact, when both sides have signed up to the Mediation Guarantee the chances of the mediation settling without the Guarantee being needed are probably increased.

If however the mediation reaches deadlock, the Mediation Guarantee comes into play.   Both parties' final offers are put in writing at the end of the mediation, and passed to an independent arbitrator together with a copy of the Mediation Bundle and any Position Statements.  Within 21 days the independent arbitrator gives a written decision picking the offer that they consider to be closest to a just and equitable outcome.   And, because both parties have signed up to the Mediation Guarantee in advance, the decision is legally binding.

It's that simple.   Most mediations still settle on the day.   If yours doesn't, you have a binding result in 21 days.   Isn't that worth £500 plus VAT?

The Mediation Guarantee is only available in cases where the parties are in dispute over payment of a sum of money.

For lawyers, or for anyone who wants to know some of the technical side of how the Mediation Guarantee works, click here for FAQs.