Once the parties have decided that mediation is appropriate for seeking to resolve their dispute, or the court has ordered the parties to consider mediation, the parties’ legal representatives will be responsible for setting up the mediation. This Practice Note considers how to find and choose a mediator. A mediator will usually be selected with the consent of all parties, but where the parties cannot agree on the appointment of the mediator, they can be selected by a neutral third party such as an organisation which provides Alternative dispute resolution (ADR) services.

Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.

For information on the mediator’s fee and other costs of a mediation, see Practice Note: Mediation costs—liability and recovery.

For general information on the lawyer’s role in setting up a mediation, see Practice Note: Organising a mediation.