Mediation

Mediation provides a confidential space for straight speaking away from the turmoil and posturing of litigation. Unlike litigation, which can be slow, expensive, backwards-looking and unpredictable, mediation puts parties in control and allows scope for solutions beyond those the courts can impose.

The mediator acts as a neutral facilitator, tailoring the process to suit the parties and the nature of the dispute. All communications with the mediator are confidential and the mediator will only share information with the other side if authorised to do so. Information exchanged in a mediation is privileged, so nothing the parties say can be used against them in litigation. 

The mediation process is flexible, but a typical mediation will run along the following lines:

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Pre-Mediation: The mediator meets each party by phone or video call to explain the process and gain an understanding of the dispute. Parties exchange position statements and provide key documents to the mediator. They might also provide a confidential briefing for the mediator’s eyes only.

Mediation Day: The day typically begins with the mediator meeting the parties individually, followed by a joint opening session where each side can present its position. If constructive, this session may evolve into a chaired negotiation.

After the joint session, the parties move into separate rooms for private sessions. The mediator moves between the rooms, exploring each party’s position, testing assumptions, coaching and facilitating communication to help the parties towards a resolution. The mediator might arrange further joint sessions between some or all of the parties during the day.

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Settlement: If a settlement is reached (and most mediations do result in settlement), it will only be binding once documented and signed by all parties.