Social Events & Meetings
Thoughts on comparing civil and commercial mediation with community mediation
Mediation Panel Member Charles Pugsley looks at the many similarities between civil and community mediation:
Both are voluntary, private and confidential and the mediator is impartial and does not act as a judge or an advisor. The resolution is as decided by the parties and must be acceptable to all. A mediation can be set up at short notice at a time and place convenient to the parties.
In contrast to civil mediations, however, community mediations are usually conducted by co-mediators and the mediators see each party separately and usually in their own homes to ascertain the facts and before a decision by the parties as to whether to proceed with a joint meeting.
Community mediations last up to 2 hours; civil mediations can last anything from 1 hour up to 8 hours and longer depending on the type of case involved and the pockets of the parties.
The parties in community mediation are encouraged to have a joint meeting in the same room although, on rare occasions, if they refuse to be in the same room as the other party they can be in adjoining rooms with the mediator shuttling between them.
Community mediations may or may not reach a resolution, which may or may not be written and is not legally binding. The parties can decide whether a written agreement can be disclosed to the referring authority or whether they would prefer it to be between themselves only with notice that a settlement has been reached, or not, going to the referring authority.
Legal representatives are more likely in civil mediations being there to advise their respective clients and to help draft the agreement which will be legally binding.
The mediator in civil mediation is paid by the parties. Community mediation is carried on by volunteer mediators acting for a charity and although there are some self funders, most of the funding comes from organisations such as police, local authority or housing authority. To the parties the mediation is free.
The type of case brought in civil mediations usually have a monetary valuation which is often substantial and the alternative to a negotiated settlement is court action. Community mediations deal with any neighbour or community problem with little or no money involvement merely trying to make life a little better for each party. Noise, obstruction and general bad behaviour are common problems for which a court case would not be appropriate and certainly not affordable by many users of the service.
Both types of mediation have their place. The resolutions are tailor made in each case and any agreement entered into voluntarily and acceptable to each party are adhered to more often than not.
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