The Mediation Process

Mediation is a flexible process and, with experience, a Mediator can exploit that flexibility. Essentially, the following framework provides safe foundations on which to build.

Preliminary contact between the Parties and the Mediator to:

• Agree to mediation
• Agree terms of mediation including date/s, duration, location, representation, legal framework, costs and documentation.

Limited, brief written summaries of the case submitted by Parties in advance to:

• Inform the Mediator
• Focus Parties on the real issues.

Initial joint meeting at which:

• The Mediator clarifies the position and establishes ground rules
• The Parties present a summary of their case to each other
• Issues are clarified.

Private, confidential meetings (called caucuses) between the Mediator and each Party separately to:

• Examine the important issues and needs of each Party
• Encourage openness about weaknesses as well as strengths
• Discuss options for settlement.

Joint meetings as appropriate throughout the mediation at which Parties may:

• Negotiate directly
• Discuss differences, particularly in understanding of fact or expert opinion or likely legal outcome
• Set the settlement down in writing or agree further action.

Mediation is a voluntary, non-binding, private dispute resolution process in which a neutral person helps the parties try to reach a negotiated settlement.