Mediation is where a third party helps to resolve the dispute. The procedure is designed for those claims that aren’t dealt with by the ABTA Arbitration Scheme, such as personal injury, serious illness, nervous shock, death or the consequences of any of these. The mediation proce dure has been designed by the Chartered Institute of Arbitrators (C.I.A.) in association with ABTA, and is a quicker and cheaper way of resolving your dispute without the need to go to court.
Mediation doesn’t apply to disputes where one or other of the parties has already initiated legal action, unless it has been suspended or discontinued by agreement.
Mediation takes the form of a meeting attended by the decision-maker for each of the Parties. Costs of representation are the responsibility of the Parties unless agreed otherwise in any settlement agreement.
The rules governing the mediation process will be set out by the Mediator in advance of the mediation day. It will take place at a venue to be arranged and agreed by all parties and at their cost.
If the dispute is resolved during mediation, the Mediator will record in writing the agreement reached by the Parties. The signed agreement will be a binding contract and, as such, can be enforced by the Court.
For details of how the mediation scheme works, click here. For further information, including up to date fees, please contact the Chartered Institute of Arbitrators (C.I.A.).
Last updated: 18 May 2006
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