What does “without prejudice” mean?

‘Without prejudice’ is a term often applied to negotiation or other legal processes. Practically, in the case of mediation, this means that discussions that have taken place as part of the process and statements made, whether verbal or written, cannot be used as evidence against either party if the dispute is not settled. Note, however, that there are certain exceptions to this. 

Can I bring legal representation?

Yes. Parties can take part in a mediation process with or without legal representation.

What happens if I want to withdraw from the mediation?

Mediation is a voluntary process and either party can withdraw at any time.  The mediator can also withdraw or adjourn the mediation. Anything discussed up to the point of withdrawal is still covered by confidentiality.

What are my options if the mediation fails?

If agreement is not reached during the mediation process, the parties will have recourse to the usual legal options and can pursue the case through the court.

How do I enforce what has been agreed by the other party?

It is unlikely that enforcement will be needed as both parties have come to a mutual agreement. However the agreement is legally binding and can be enforced through the courts if needed. Alternatively, a provision can be agreed during the mediation process as to how this eventuality will be dealt with.

How long will the mediation take?

In many cases, agreement will be reached on the same day. The length of time needed for the mediation will depend on the complexity of the dispute; some will require further sessions after the initial meetings, however the amount of time needed can usually be estimated and agreed in advance with the mediator.

How do I complain about the mediation?

If you have a complaint against our mediator this will be addressed promptly and in complete confidentiality. In the first instance, you should contact the mediator who handled your case by telephone or face to face.

If you are still dissatisfied after discussing your complaint, then please write to the mediator expressing your grievance with full details. The mediator will then respond in writing to you. If you are not content with the mediator’s response or if the complaint concerns our administration process, you should formally write to our CEO Fred Satow.

Mr F Satow
SKSi Head Office,
93 Tabernacle Street,
E: fred.satow@sksi.co.uk
T: 0204 548 1000