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Mediation

Practical mediation that moves parties towards resolution.

Mediation is a confidential, without-prejudice negotiation led by an independent neutral. The mediator does not impose a decision; the parties remain in control and settlement is reached only on terms they choose to accept.

Most disputes settle, the question is how much time, cost and relationship damage is incurred first. The courts now actively expect parties to consider ADR, and unreasonable refusal can carry costs consequences. KHAN ADRS provides commercial mediation that combines genuine subject-matter understanding with a pragmatic, persistent approach to finding common ground.

How KHAN ADRS can help

Commercial mediation

Facilitative and, where parties request it, evaluative mediation of construction, engineering, procurement and commercial disputes.

Early intervention

Dispute avoidance and early-stage facilitation, often resolving issues before formal proceedings become necessary.

Multi-party disputes

Experience handling complex, multi-party and multi-contract disputes with competing interests and tight timescales.

Settlement focus

Preparation before the mediation day, momentum during it, and follow-through on the settlement agreement afterwards, settlement rarely happens by accident.

How the process works

  1. 1

    Appointment & papers

    Confirmation of terms, a short mediation agreement and exchange of concise position statements and key documents.

  2. 2

    Private preparation

    Pre-mediation calls with each party to understand interests, constraints and what a realistic outcome looks like.

  3. 3

    The mediation day

    A blend of joint and private (caucus) sessions in which options are tested, narrowed and moved towards agreement.

  4. 4

    Settlement

    Terms are recorded in a binding settlement agreement signed on the day wherever possible.

Standards & frameworks

CPR Pre-Action Protocols & the expectation of ADRWithout-prejudice & confidentiality principlesCEDR / CIArb mediation practiceNEC4 & FIDIC dispute-avoidance mechanisms

Frequently asked questions

Is mediation binding?+

The process is voluntary, but once the parties sign a settlement agreement at the end of a successful mediation, that agreement is a binding contract enforceable in the usual way.

What happens if we do not settle on the day?+

Many disputes that do not settle at the table settle shortly afterwards as momentum continues. Nothing said in the mediation can be used later, it is without prejudice and confidential.

Do the courts expect us to mediate?+

The civil courts strongly encourage ADR and can penalise a party in costs for unreasonably refusing to engage. Mediating early is usually the commercially sensible course.

To discuss a mediation appointment or check availability, use the mediation enquiry form or download the Mediator CV.

The information on this page is general and for guidance only. It is not legal advice and does not create any arbitrator, mediator, expert or advisory engagement. For advice on a specific matter, please get in touch.