FAQ — Kudu Civil and Commercial Mediation Services

Question 1

What is mediation?

Accepted Answer

Mediation is a voluntary, confidential process in which an independent, trained mediator helps parties in dispute to communicate more effectively and explore options for resolution. The mediator does not decide the outcome — the parties do. Any agreement reached is one both sides have chosen.

Question 2

How is mediation different from going to court?

Accepted Answer

Court proceedings are adversarial, public, and decided by a judge. Mediation is collaborative, private, and controlled by the parties themselves. It is typically faster, cheaper, and less stressful — and because both parties agree to the outcome, settlements reached in mediation tend to be more durable.

Question 3

Is mediation legally binding?

Accepted Answer

The mediation process itself is not binding — either party can withdraw at any time. However, if the parties reach a settlement, they can record it in a written agreement which, once signed, is legally binding as a contract.

Question 4

How long does a mediation session take?

Accepted Answer

Most civil and commercial mediations are conducted in a single day, typically six to eight hours. Some straightforward disputes may be resolved in a half-day session. Complex multi-party matters may require more time, which we will discuss with you in advance.

Question 5

Can mediation be conducted remotely?

Accepted Answer

Yes. We offer online mediation via video conferencing platforms, which is particularly convenient for parties in different locations. Remote mediation follows the same structured process as in-person sessions and is equally effective for most disputes.

Question 6

How much does mediation cost?

Accepted Answer

Fees vary depending on the complexity of the dispute, the number of parties, and the time required. We provide a clear fee proposal before any session is booked. As a guide, mediation typically costs a fraction of the legal fees that would be incurred in litigation — often saving both parties significant sums.

Question 7

Who pays for mediation?

Accepted Answer

Typically, the cost of mediation is shared equally between the parties. However, this is a matter for the parties to agree between themselves. In some cases, one party may agree to bear the full cost as part of encouraging the other to participate.

Question 8

Is there a fee for an initial enquiry?

Accepted Answer

No. An initial conversation to discuss your dispute and whether mediation is suitable is entirely free and without obligation.

Question 9

Is my dispute suitable for mediation?

Accepted Answer

Mediation is suitable for a very wide range of civil and commercial disputes. The key requirement is that both parties are willing to participate in good faith. If you are unsure whether your dispute is suitable, contact us for a no-obligation initial conversation.

Question 10

Does the other party have to agree to mediate?

Accepted Answer

Mediation is voluntary, so both parties must agree to participate. However, courts increasingly expect parties to consider mediation before litigation, and an unreasonable refusal to mediate can have costs consequences in court proceedings.

Question 11

Do I need a solicitor to attend mediation?

Accepted Answer

No. Parties can attend mediation with or without legal representation. Many parties choose to attend with their solicitor, particularly in complex commercial disputes. Others prefer to attend without legal representation. We will discuss what works best for your situation.

Question 12

What should I bring to a mediation session?

Accepted Answer

Before the session, each party is asked to submit a brief position statement and any key documents relevant to the dispute. We will provide guidance on what to prepare once a session is booked. You do not need to bring extensive legal bundles — mediation is not a court hearing.

Common questions about mediation.

The process

Costs & fees

Suitability & preparation

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