06. Mediation and conciliation

These involve an independent mediator (someone who doesn't take sides and who will not gain or lose anything by the outcome). They will help you and the other person or company find a solution to the problem. You and your opponent, not the mediator, decide what will happen and the terms of any agreement you make. The process is voluntary, however, so you cannot force the person or organisation you have a problem with to take part.

Mediation and conciliation themselves are non-binding, but they can be made binding if there is a signed mediated agreement. This means that the courts can make either side do what they agreed to in the agreement. However, people tend to keep to mediated agreements because they have come up with the terms of their agreement themselves. But what is said in a mediation session is confidential, so it cannot be used in court later.

When can I use mediation or conciliation?

Relationship and family problems

Any problem to do with a divorce or separation can go to mediation. These include:

• arrangements for children, including where they will live, who they will live with, and how often they will see each parent;
• who will have property and belongings;
• how your ex-husband or ex-wife, or children will be supported; and
• how and when you will contact your ex-husband or ex-wife.

Mediation can also deal with other types of problems within families, including:

• problems between young people and their parents; and
• disagreements over who will care for elderly parents and how they will be cared for.

You can find a family mediator or mediation service near you from:

• the UK College of Family Mediators;
• National Family Mediation; or
• the Law Society.

Problems with neighbours

If you have a disagreement with a neighbour about noise or harassment, for example, you can try to sort it out using community mediation. Contact Mediation UK for details of your nearest community mediation service (see page 14 for details of how to contact them).

Community mediation is usually free to local residents. The issues community mediation can deal with include:

• noise;
• problems with local children;
• problems over shared land or facilities;
  parking;
• pets; and
• property boundaries.

Problems at work

You can try to solve many employment disagreements through conciliation or negotiation, including problems to do with:

• unfair dismissal;
• equal pay;
• redundancy payments;
• terms and conditions of your job; and
• discrimination because of your race, sex or a disability.

The Advisory, Conciliation and Arbitration Service (ACAS) offers free conciliation for many types of employment problems.

Problems with discrimination if you have a disability

If you have a disability and you feel you have been discriminated against by a retailer or service provider, you may be able to use the Disability Conciliation Service. Contact the Disability Rights Commission for advice or referral to the scheme (see page 13 for details of how to contact them).

If you feel you have been treated less favourably at work because of a disability, your sex or your race, you can consider using conciliation provided by the Advisory Conciliation and Arbitration Service (ACAS).

Harassment and discrimination claims at work or between neighbours can also be sorted out using mediation. The best way to find a service is to contact Mediation UK.

Problems with your child's education

You may be able to use a mediation service to help sort out a problem about:

• how or why your child was excluded from school; or
• special educational needs that you feel your child has.

Other problems

You may be able to use mediation for a range of other problems, including:

• problems with goods and services;
• business disagreements;
• medical accidents;
• personal injury;
• community care; and
• housing.