No. It is never too late to mediate. It is always best to do it as early as possible, before legal costs and expenses are incurred. In some circumstances, the courts encourage parties to mediate a settlement, even after a matter has gone to court.
Once the parties agree to mediate they appoint a mediator acceptable to them. A mediation agreement is then concluded by the parties and the mediator. Thereafter the parties meet with the mediator and the process of mediation commences.
Mediation costs considerably less than litigating in court. Mediation sessions are usually charged at an hourly rate. The rate usually depends on the person selected as mediator, and his or her seniority and experience. It is recommended that the mediator’s fees are usually paid jointly by the parties as this ensures commitment from all parties, but the parties can decide how the fees are paid.
There is a view that mediators need to be qualified and experienced in the subject that is in dispute, but that need not be the case. When it comes to assisting parties who are in dispute, it is the mediator who is as valuable as the process of mediation. A skilled mediator should be able to mediate a dispute on any subject matter. Mediators come from a mixed professional background of lawyers, psychologists, social workers, chartered surveyors, chartered engineers, architects etc. Having said that, parties may, if they wish, choose a mediator with a background in the area of the dispute subject matter.