Mediation in the UK context refers to a dialogue between two or more parties aimed at reaching a mutually acceptable outcome on one or more issues where there is disagreement. The outcome may benefit all parties involved or only some of them.
The purpose of negotiation is to resolve differences, secure an advantage for an individual or group, or create solutions that satisfy competing interests. It typically involves each party presenting its position and making incremental concessions to achieve agreement. A key factor in successful negotiation is the level of trust between the parties that the agreed terms will be honoured. Many negotiations are not zero‑sum, meaning cooperation can lead to better results for all sides.
Mediation or Negotiation occurs daily, often informally, without being recognised as such. It is common in organisations businesses, charities, public bodies and between governments, as well as in commercial transactions, employment matters, and legal disputes. It also features in personal contexts such as family arrangements, divorce settlements, and parenting agreements.
Professional negotiators in the UK may specialise in areas such as trade union negotiations, mergers and acquisitions, peace processes, or crisis situations (e.g., hostage negotiations). They may also operate under other titles, including diplomats, legislators, or brokers.
Negotiation in the UK Context
Negotiation is a structured dialogue between two or more parties aimed at reaching a mutually acceptable outcome on issues where there is disagreement. In the UK, negotiation is widely used across legal, commercial, and personal settings, and often forms part of formal dispute resolution processes.
Key Features
- Purpose: To resolve differences, secure advantage, or craft solutions that satisfy competing interests.
- Approach: Parties typically present their positions and make incremental concessions to achieve agreement.
- Trust Factor: Success often depends on confidence that agreed terms will be honoured.
- Non-Zero-Sum: Many negotiations allow for collaborative solutions that benefit all parties.
Employment Disputes
- ACAS (Advisory, Conciliation and Arbitration Service) plays a central role in employment negotiations. Before an Employment Tribunal claim, parties must engage in Early Conciliation through ACAS, which is a negotiation-based process aimed at settlement without litigation.
Civil and Commercial Disputes
- Under the Civil Procedure Rules (CPR), parties are expected to consider Alternative Dispute Resolution (ADR), including negotiation and mediation, before issuing proceedings. Failure to do so can result in cost penalties.
- Negotiation often occurs during pre-action protocols, where parties exchange letters of claim and responses to explore settlement.
Collective Bargaining
- Trade unions and employers negotiate pay, working conditions, and benefits under UK labour law. These negotiations are governed by statutory frameworks such as the Trade Union and Labour Relations (Consolidation) Act 1992.
Family Law
- In divorce or child arrangements, negotiation is encouraged before court proceedings. The Family Procedure Rules require parties to attend a MIAM (Mediation Information and Assessment Meeting) unless exempt.
Government and International
- UK diplomats and civil servants negotiate treaties, trade agreements, and peace processes. These negotiations often involve complex multi-party discussions and legal frameworks.
Professional Negotiators
Specialists include:
- Union negotiators (industrial relations),
- Corporate negotiators (mergers, acquisitions, restructuring),
- Legal negotiators (settlement agreements),
- Diplomats and brokers (international and commercial deals),
- Crisis negotiators (hostage or emergency situations).