BDA mediation services

What is mediation?

Mediation is a form of voluntary dispute resolution that can help avoid costly and adversarial litigation, by using an impartial mediator to reach an agreement. It allows the parties involved space and time to work through issues in a measured environment and can assist in repairing professional relationships. Where parties do not need to continue to work together the process can help you walk away cleanly.

Advantages include:

Cost savings
Speed
Maintaining better relationship
A win/win solution.

Mediation is also:

Informal
Collaborative
Confidential
Future-focused.

What's involved in a BDA mediation?

BDA mediation services are available to members that find themselves in a dispute with each other – practice owners as well as associates.

BDA mediations are led by our accredited and impartial mediators. Our service has been very successful and our mediators have years of expertise in assisting members to resolve disputes. Our process encourages openness, honesty, and ensuring that everyone is listened to. The mediator will not take an opinion on the dispute, but instead empower the parties to come to their own conclusions.

How do I prepare?

We require both parties to provide a brief written summary of the issues and position as they see it in advance. Both parties must also provide us with the key documents relevant to the dispute. These summaries and documents are shared with both parties ahead of the mediation.

What happens on the day?

The mediation itself usually lasts for one full day, conducted over a video conference. We will use Teams because we believe that it allows us to replicate, as far as possible, a face-to-face mediation.

We usually have two independent mediators who are trained members of our advice team. The mediators will have not been involved with or have any prior knowledge of the dispute. Parties can decide to be accompanied by a legal representative or a lay person. We will remind legal representatives that the nature of mediation is collaborative and not adversarial.

In most cases, we can help the parties reach a joint conclusion and will help draw up a legal agreement at the end of the mediation. Both parties will walk away with a signed copy.

How can I access BDA mediation services?

All members – practice owners as well as associates - can access our mediation service. Both parties of the dispute need to be a BDA member.

To find out more, simply email [email protected] or call 020 7935 0875 – please have your membership number at hand.

Please note that Salaried/employed dentists would need to follow the organisation dispute resolution process.

Interpersonal mediation services

If you’re an Expert member, you can also reach out to our HR consultancy for a quote on interpersonal mediation services.

Not a member?

Join us now for access to our mediation services, and all other benefits that come with membership. Please note that while our mediation services are available to you upon joining, we are unable to provide personalised advice on any issues preceding your membership.

Frequently asked questions

Is mediation right for me?

To understand if mediation is the right route you need to consider the following:

Agreement in mediation is reached by the parties themselves and not from the mediator. The process led by the us encourages openness, honesty, and ensures that everyone is listened to. The mediator will not take an opinion on the dispute but instead empower the parties to come to their own conclusions.

Mediation is a voluntary process and either party can withdraw at any time. There is no guarantee that the parties will reach an agreement. There is always the risk that one party will refuse to compromise and decide to take the matter to the courts. However, it is our experience that the process itself is usually successful in finding a way forward for the parties without having to result in further dispute.

Mediation is a confidential process and as part of this, the participants sign a confidentiality agreement prior to attending the mediation. This allows the parties to raise points at mediation confident that those points cannot be used against them if the mediation is unsuccessful, and the matter goes to court. Ground rules are also in place to prevent the process from being used to threaten, intimidate or bully participants. Our mediators are skilled in applying the rules.

Are there other options for dispute resolution?

Alternatives to mediation can come in the form of negotiation, arbitration or litigation.

Negotiation involves parties attempting to get the best deal for themselves. This is not a structured form of dispute resolution. There are no costs involved, however there is also no time limit to the negotiations, expending parties’ time and effort

Arbitration is a more formal way of settling a dispute by appointing a third party, an arbitrator, to make the final and binding decision. This form of dispute resolution is expensive and the parties themselves will have no control of the outcome

Litigation is the most expensive and adversarial form of dispute resolution. Litigation removes the parties from the decision-making process which is decided by the judge and means that the decision is legally enforceable.

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