Arranging the Mediation
The parties agree which Mediator to appointment, they are free to nominate the Mediator of their choice. The Mediator will contact the parties and check what arrangements they have made for the date, time and venue of the mediation.
The parties will prepare for the day and send a (small) mediation bundle including position statements to the mediator. The confidential position statements set out the parties’ views on the case and provide useful background information for the Mediator.
The opening joint session
Most Mediations start with a joint meeting convened by the Mediator with all parties present. After a brief introduction from the Mediator each side is given the opportunity to make an opening statement. This is made without interruption or cross examination from any other party. It is a valuable and unique opportunity for a party to tell the other side directly exactly how the dispute has affected them, why they are in dispute and what they want to achieve from the mediation.
Private meetings
After the opening meeting the parties separate into their private rooms and the Mediator will join one party then the other, shuttling between them as necessary. The Mediator will explore what the parties really want from the dispute and examine how they can get that. The Mediator will use his/her training and professionalism in helping the parties to create a solution acceptable to everyone.
These meetings are confidential. The Mediator will not disclose anything said to him/her to the other party unless expressly permitted to do so. This ensures the parties can engage in frank and open discussions with the Mediator.
Concluding the Agreement
The aim of the process is of course to reach a settlement that all sides can accept. When that has been done the lawyers will draft the agreement which the parties then sign. Only when the agreement has been signed does it become binding.
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