Alternative dispute resolution is a generic term for a variety of different ways in which disputes can be resolved without using courts. It is possible for the parties to a dispute to agree the terms of reference and mechanisms for alternative dispute resolution.

Mediation in particular is a form of non-binding ADR in which the object is to find an outcome that is better for both parties than court action.

There are a number of misconceptions about mediation that need to be dispelled:

• It is not true that mediation cannot be invoked until court proceedings have begun. You can offer to mediate a dispute at any stage;
• Mediation is not just an opportunity for the other party to tell you why they are right. It is an essential characteristic of mediation that both parties send someone with authority to actually implement a solution;
• It is not true that mediation is inappropriate for public law disputes (many social work disputes between service users and social workers are public law disputes). With a specialist mediator who knows the area, mediation can be quicker and cheaper than judicial review in particular.

Allan Norman is accredited as a mediator by the College of Law, and offers mediation of disputes in areas of law covered by Celtic Knot.

Celtic Knot cannot mediate in disputes where it is being instructed by one of the parties, as the mediator must be neutral and impartial. The mediator cannot offer advice to either party when acting as a mediator.

When acting as mediators, we are bound by the Law Society’s Code of Practice for Civil and Commercial Mediators