Mediation – The Process

Pre Mediation

Considerable background work needs to go into the case before the day of the mediation. All parties need to be properly prepared. The better prepared you are, the greater the chance of a resolution to your dispute. 

The interests of each party need to be clear; decision makers need to part of the process and the parties need to be determined to resolve the dispute. 

As soon as the decision to mediate is taken, I would look to identify some options for mediation dates and the venue location that suits all parties This helps to avoid further escalation in your dispute and focuses the parties with the preparation of case summaries and supporting documentation for exchange and review.

To fully understand your case, you will need to send me your information, documents, and associated case material of the dispute at least 10 working days prior to the day of mediation. I request, where possible, you keep the case material to 100 pages. 

Additionally, parties have the option of a pre-mediation meeting to ensure the details of their dispute is clear and fully understood. My fee provides an allowance of 2 hours of pre-mediation and preparation time per party. This can be by a video or telephone conference call, after receiving the case material, or in person with the parties separately.

If either party requires considerable pre-mediation contact, or I need to review of a larger volume of material, I will contact that party and seek to agree a reasonable fee to cover for the added time.

If the mediation is going to held remotely, i.e. by video or telephone conference, the parties need to agree on the use and acceptance of electronic signatures. More on electronic signatures

Mediation Agreement

Prior to the day of the mediation, the parties will already have received a mediation agreement for their review, inputs and understanding. 

The mediation agreement clearly details what the parties can or cannot do and expect before, during and after the mediation, a privacy and without prejudice statement, any exclusions of liability, governing law and  jurisdiction, etc. as well as any specific content, i.e. an clause on the use,  acceptance and validity of electronic signatures or other terms, exclusions, conditions of settlement agreed by the parties which are to remain confidential.

I look to have received the reviewed / final revision of the agreement the day before the mediation takes place. This will be the copy that all parties, including myself, will sign immediately before the mediation begins and the terms and conditions of which the mediation will be conducted under. 

The mediation will not commence until this has been signed. 

Simplified Mediation Illustration