There is no single mediation process or mediation procedure. Experienced mediators will have there own way of working. What follows is a guide to what to expect if you asked me to mediate a dispute for you. There are four and sometimes five stages to a successful mediation.
Greeting- Opening meeting
- Private confidential meetings
- Further joint meetings (possibly)
- Binding agreement
Greeting
Mediation is not a formal court procedure. When was the last time a judge greeted you when you arrived at court? So I like to have five minutes with each party before we start to introduce myself, make sure the room is comfortable, that there are refreshments and loos available and that nobody unexpected has turned up.
Opening Meeting
I normally* start with all the parties together in one room. I introduce everybody and again explain briefly what mediation is about, why we are here and how we are going to try and achieve our joint objective. I then give each side the opportunity to speak directly to the other side – without interruption or cross examination. It may be the client or legal representative or both who speaks. The parties have prepared this in advance. It is entirely optional and nobody will be made to speak. It is though a great opportunity of speak directly to your opponent and I recommend that you take advantage. I let this meeting continue as long as there is a useful exchange of information going on between the parties.
*There are some rare occasions where an opening joint meeting is not possible or desirable.
Private Confidential Meetings
I meet with the parties in turn in their private rooms. Anything said to me in these meetings is confidential and not passed on to any other party without express permission. In these meetings we explore what the party really wants out of the day and work towards achieving it. During these meetings I am often asked to pass offers between the parties as the negotiations advance.
Further Joint Meetings
I arrange these if I think they will get us closer to reaching a settlement. I may invite everybody, or just the lawyers or just the decision makers. It all depends on the circumstances and what the meeting is about.
Binding agreement
If the parties have found a solution that everyone can live with then we write it up and get the parties or their representatvies to sign it. If lawyers are present they will be asked to draft the settlement in accordance with what the parties have agreed. I ask solicitors to give this some thought in advance of the mediation to save time on the day. Once signed there is a binding agreement and we can all go home.
Ask your mediation questions here or return to mediation faqs.
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