What happens on the day?
The mediation process is entirely flexible to suit the parties’ requirements. A typical mediation could take the following form:
The mediator will welcome the parties and ensure that the venue arrangements are all in order: each of the parties will require a room and a further room to accommodate a joint session of all those present. The Mediation Agreement will be signed if this has not already been completed.
The mediator will have a first brief private meeting with each party and their representatives to ensure that the nature of the process is understood:
that it is voluntary and either party can leave at any time:
that it is without prejudice which means nothing said during the mediation can be used in any court or arbitration proceedings; and
that discussions in private session are entirely confidential - nothing will be disclosed to the other side without express authority.
The mediator will encourage the parties to attend an initial joint meeting as it is usually helpful for both sides to hear what each wants to achieve from the process. It can also establish the issues to be resolved if a settlement is to be achieved.
The parties will then return to their separate rooms and the mediator will have private meetings with each in turn.
As the process unfolds the mediator may suggest separate meetings of lawyers, experts or principals if there are particular sticking points.
As offers or possible solutions begin to emerge these are negotiated by the mediator moving between the rooms. Separate meetings of the lawyers or even the parties may also be helpful.
Once a settlement is agreed the parties' lawyers will draft a form of settlement agreement to be signed by the parties which will then form a binding legal agreement.