Mediation

What are some of the benefits of engaging in mediation?

Some of the principal advantages of taking part in mediation are as follows:

• The process can be a lot quicker to find a resolution to a dispute compared to the time allowed for formal adjudication;

• Mediation provides a safe environment for both parties to discuss any issues and their impacts in a productive way;

• It helps to promote an amicable and long-term relationship between the consumer and the business;

• It can help repair a damaged relationship between the parties;

• There is greater flexibility around discussing a resolution and / or settlement that can be agreed;

• It is a confidential meeting for all parties;

• It is less formal, and documentation and evidence are not required; and

• It empowers the parties to find their own route towards a resolution.

Can I use The Motor Ombudsman’s mediation service if the business is not accredited?

Unfortunately, mediation can only be used if you have a dispute with a Motor Ombudsman-accredited business.

Will the adjudicator take into account any information discussed during mediation?

No, all information provided during the mediation process is always confidential and will not be passed on to the adjudicator for review.

What happens if mediation does not result in a mutually agreed resolution?

If the mediator is unable to achieve an agreement between a consumer and business during the meeting, the case will re-join the usual Motor Ombudsman service at the case administration stage. For more information on this process, please see here.

The decision reached by the adjudicator may in fact be more acceptable to both parties following mediation, as the process will have given all involved a chance to put across their thoughts and concerns.

What are some of the disadvantages of engaging in mediation?

 Some of the principal disadvantages of mediation are as follows:

• Both parties (i.e., the consumer and business) need to agree to engage in the process. It cannot go ahead if one party declines the offer for mediation.

• It is not suitable for use in all disputes and there may need to be an element of compromise for both parties to achieve a resolution.

• Despite the best efforts of the mediator, there is no guarantee that an agreement will be reached by the end of the process.

Is mediation confidential for all parties involved?

Yes, all information discussed and provided is always confidential, and will only ever be accessed by The Motor Ombudsman’s in-house mediation team.

Is mediation carried out face-to-face, on the phone or via a video call?

The Motor Ombudsman’s mediation service is carried out via a free-of-charge online video call (our current provider is Zoom), rather than being by phone or face-to-face.

This helps to avoid any of the parties incurring travel or accommodation expenses to attend the mediator-hosted sessions, and means that location is never a barrier to participation.

If parties have specific needs or accessibility issues, The Motor Ombudsman will look to make adjustments where reasonable to do so.

However, mediation is sometimes not a suitable resolution technique, and The Motor Ombudsman may recommend other ADR methods in such circumstances.

How long does the process of mediation take once both parties have agreed to participate?

Once your dispute has been allocated to the mediator, our aim is for the mediation to take place within 30 days. However, this is dependent upon all the parties’ availability.

The length of the joint meeting itself will vary depending on the specific facts of the dispute.  The virtual meeting can take up to two hours. This is to allow enough time for each party to communicate their side of the story, and for the mediator to discuss any key points.

How much does it cost to take part in mediation?

The Motor Ombudsman’s mediation service is free of charge for consumers.

How do I know whether my case qualifies for mediation?

We will assess if your case could benefit from this service. If your dispute is suitable for the process, we will contact you to discuss the next steps.
If both you and the business agree to participate in mediation, a mutually convenient date and time to attend a virtual mediation meeting will be arranged.

It is entirely voluntary for a business or consumer to take part in the process. Should either party decline the use of mediation, this will not prejudice them in any way should they wish to follow our normal adjudication process.

Is taking part in mediation compulsory for the resolution of a dispute?

No, mediation is entirely voluntary for a business or consumer to take part in the process. For mediation to occur, both parties must agree to a collaborative meeting hosted by The Motor Ombudsman.

Should either party decline the use of mediation, this will not prejudice them in any way should the dispute go to adjudication.

Is the mediation process in-house at The Motor Ombudsman?

Yes, the entire mediation process is in-house (i.e. it is not outsourced to an external organisation), and is overseen by a qualified and fully impartial mediator.

You can find out more about The Motor Ombudsman’s in-house mediation process here.

Why was mediation introduced by The Motor Ombudsman as part of its early resolution process?

Early resolution, where an issue can be settled between two parties outside of adjudication, has always formed part of The Motor Ombudsman’s dispute resolution service.

Mediation was introduced by The Motor Ombudsman to enhance and evolve the early resolution process by giving both parties the space to talk and work through what has happened to try to reach a mutually agreed solution.

It also provides an alternative to The Motor Ombudsman reaching a decision based on written documentation and evidence, thereby empowering the consumer and the accredited business to reach flexible and amicable outcomes.

What is mediation?

The process of mediation is where an impartial person or organisation, such as The Motor Ombudsman, brings together two parties (e.g. a consumer and business) to facilitate open dialogue, communication and negotiation in order to reach a jointly agreed resolution to a complaint.

Our in-house mediation service is entirely confidential from beginning to end. Our aim is to help you and the business you have a dispute with, construct and mutually agree a satisfactory solution.