Mediation Settlement Meetings are  first and foremost negotiation meetings. They differ from other forms of negotiation such as joint settlement meetings because I will be present acting as an impartial helper facilitating the discussions.

Opening meeting

There are no fixed rules about how mediations are run but this is what I usually do. I greet the parties separately on the day and make sure everyone is comfortable and knows what we are doing. I then have an opening joint settlement meeting which starts with me introducing myself again and giving a quick explanation of what we are trying to do – find a solution agreeable to both sides – and what the procedure is that we’re going to use. I then invite each side to have their say – it’s up to each party if they do it or not. It is an opportunity to speak directly to the other side. This meeting will last as long as the parties are usefully exchanging information.

Private sessions

After this meeting the parties go to their private rooms. I go from one to the other having private confidential discussions. If necessary I will arrange further joint meetings, sometimes with just the lawyers but always with everybody’s agreement.

Binding agreement

The aim of course is for the parties find their own solution that everybody can live with. If we get to that point we will write it up and sign it. Only then is there a binding enforceable agreement. If the parties can’t find agreement then the mediation ends. Everything that was said during the mediation is without prejudice to the litigation – that means it can’t be used by either side.

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