Civil mediation terms explained
Understand the key mediation terms before you enquire.
A clear glossary for people dealing with civil, commercial, property, workplace or probate disputes who want to understand mediation, settlement and ADR before taking the next step.
Before you enquire
- mediation is voluntary
- the mediator does not decide the dispute
- both sides usually pay their own mediation costs
- the other party needs to be open to taking part
Plain-English guide
Civil mediation terms explained in simple language
Legal and dispute-resolution language can be confusing. This page explains the terms people commonly see when dealing with civil mediation, commercial mediation, ADR, settlement agreements and court-related disputes.
The aim is to help you understand the process before you make an enquiry, especially if you are comparing mediation with court proceedings, small claims, arbitration or another dispute-resolution route.
Use this page to understand:
- what mediation is
- how mediation differs from arbitration
- what settlement agreements mean
- why “without prejudice” matters
- what information may be needed before mediation starts
Glossary
Key civil mediation terms
These are the terms people most often come across when considering mediation for a civil or commercial dispute.
Process
Civil mediation
Civil mediation is a voluntary and confidential process used to help resolve non-criminal disputes. It can be used for contract disputes, unpaid debts, property disagreements, service complaints and other civil or commercial issues.
The mediator helps the parties discuss the dispute and explore settlement. The mediator does not decide who is right.
Legal area
Civil law
Civil law deals with disputes between people, businesses or organisations. Examples include contract disputes, unpaid invoices, property disputes, professional service disputes and claims about goods or services.
It is different from criminal law, where the state prosecutes an alleged offence.
Dispute resolution
ADR
ADR means Alternative Dispute Resolution. It describes ways of dealing with a dispute without relying entirely on court proceedings.
Mediation is one form of ADR. Arbitration, negotiation and some ombudsman processes may also be described as ADR.
Decision process
Arbitration
Arbitration is a more formal dispute-resolution process where an arbitrator hears the dispute and makes a decision.
The key difference is that a mediator helps the parties negotiate, while an arbitrator can decide the outcome.
Agreement
Settlement agreement
A settlement agreement records the terms agreed by the parties. It may include payment terms, deadlines, actions each party must take, confidentiality clauses or other practical arrangements.
Where appropriate, legal advice may be needed before terms are signed or made enforceable.
Confidentiality
Without prejudice
Without prejudice is a term often used for settlement discussions. In simple terms, it usually means that offers or statements made to try to settle a dispute cannot normally be used against a party in court.
This helps parties speak more openly about settlement options.
Document
Position statement
A position statement is a written summary of a party’s view of the dispute. It may explain the background, the main issues, the party’s position and what outcome they want to explore.
It helps the mediator and the other party understand the dispute before the mediation session.
Enforcement
Legally binding
Legally binding means an agreement or order can be enforced by law. Mediation discussions are not automatically binding simply because they took place.
If settlement is reached, the parties can record the terms in a written agreement or court order where appropriate.
Complaint route
Ombudsman
An ombudsman is an independent body or person that investigates complaints about certain organisations, services or sectors.
An ombudsman process is different from mediation because it may involve investigation or a decision, depending on the scheme.
Suitability
Consent to contact
If you want a mediation provider to contact the other party, you should only share their contact details where you have consent to do so.
This helps avoid confusion and supports a more appropriate first contact with the other party.
Costs
Mediation costs
In most civil and commercial mediation cases, each party usually pays their own mediation costs unless another arrangement is agreed.
Costs should be clear before mediation starts so both sides understand what they are agreeing to.
Mediation compared
Mediation is not the same as court or arbitration.
The most important distinction is control. In mediation, the parties decide whether to settle. In court or arbitration, a judge or arbitrator may decide the outcome for them.
Mediation
Voluntary, confidential and focused on helping the parties explore settlement. The mediator does not impose a result.
Court or arbitration
More formal processes where a judge or arbitrator may make a decision after considering the evidence and arguments.
FAQs
Civil mediation glossary FAQs
Does mediation create a legally binding result?
Mediation itself is a settlement process. If agreement is reached, the terms can be recorded in writing and may be made legally binding through a settlement agreement or court order where appropriate.
Do both parties need to agree to mediation?
Yes. Mediation is voluntary, so both parties need to be willing to take part before a mediation session can proceed.
What does without prejudice mean?
It usually means that settlement discussions or offers cannot normally be used against a party in court. This allows parties to discuss settlement more openly.
Should I share the other party’s contact details?
Only share another party’s contact details where you have consent to do so. This helps make the enquiry clearer and avoids confusion at the start of the process.
Next step
Ready to find out whether your dispute is suitable for mediation?
Tell us what the dispute is about, whether the other party is open to mediation and whether you have consent to share their contact details.