In short
Mediation is a negotiation helped by a neutral mediator: nobody decides the dispute, and it ends only if both sides agree a settlement. Dispute Neutral is a decision: an independent lawyer reads both sides' documents and gives a written decision that both parties agreed in advance to accept. Choose mediation to explore a deal; choose a binding decision when talks have stalled.
Key facts
- A mediator cannot impose an outcome. A settlement is binding only once both sides sign it.
- Dispute Neutral gives a binding written decision within 10 business days of the matter being ready.
- Dispute Neutral fees are fixed: £650 to £1,500 + VAT, depending on the amount in dispute.
- Both processes are private and need both parties to agree to take part.
How mediation works
A mediator meets the parties, usually together and separately, and helps them find a settlement they can both accept. The mediator does not decide who is right. If the parties agree terms, they sign a settlement agreement, which is then binding. If they do not agree, the dispute is still unresolved and the time and fees spent do not produce an outcome.
Mediation works well where both sides want to keep trading together, where the real issue is commercial rather than legal, or where there is room for a creative deal.
How Dispute Neutral works
Both parties sign a short agreement to accept the outcome. Each uploads a written case and its evidence. An independent lawyer with at least 15 years’ practical experience, acting as an expert, reads everything and issues a written decision within 10 business days of the matter being ready. There is no hearing. See the full process.
Side by side
| Compared on | Mediation | Dispute Neutral |
|---|---|---|
| Outcome | A settlement, only if both sides agree one | A written decision, always |
| Binding? | Only once a settlement is signed | Yes, agreed in advance (save fraud or manifest error) |
| Who decides | The parties | An independent lawyer |
| Format | Meetings, in person or online | Written submissions; no hearing |
| Cost | Mediator’s fees, often shared; varies by provider | Fixed: £650 to £1,500 + VAT |
| Privacy | Private and without prejudice | Private and confidential |
Which should you choose?
- Choose mediation if both sides are still talking and want help reaching a deal.
- Choose Dispute Neutral if you need the dispute settled, the other side keeps delaying, or you have already tried to negotiate.
- You can do both: mediate first, and if it fails, ask for a binding decision.
Does a binding decision count as ADR?
Yes. Courts in England and Wales expect parties to consider alternative dispute resolution (ADR) and, since October 2024, can order them to take part. Mediation and expert determination are both forms of ADR. Read about the rule change.
This guide is general information, not legal advice.