MEDIATION PROCESS STEPS

One or both parties in dispute may propose mediation one or more suitable mediator/s. The mediator is selected by agreement between the parties just like a joint, independent and impartial expert would be.

Our offer

We offer pre-defined fixed fee four hour mediation and 8 hour model with an option to extend on an hourly fee basis subject to availability. It is a perfect solution to most needs, because all our mediators are not only experienced in mediation, but also have practical knowledge in a number of specialised areas.

Mediation Process:

Once the parties nominate the mediator the process starts as per below:

10-steps overview:

1. Pre-Mediation Procedure – Parties agree on mediation and mediator

2. Mediator instructed, date and venue agreed

3. Agreement to mediate and invoices sent out

4. Mediator has confidential calls with customers/customers’ lawyers

5. Parties exchange position/ opening  statements

6. Meet the mediator

7. Joint opening meeting if the parties agree to meet/ alternatively separate meetings might be suitable.

8. Private discussions with the mediator for each of the parties,

9. Start exchanging offers to settle- with explicit consent from the parties

10. Reach agreement

The basis of the mediation is contractual and many of the safeguards needed before a mediation can proceed are set out in the Agreement to Mediate. It is therefore essential to ensure that an Agreement to mediate is signed by all concerned before a mediation commences.

It can often be very useful for the mediator to have a pre-mediation confidential discussion with representatives of each party prior to the mediation – usually after reading the mediation bundle. In some cases, it may be beneficial to have a joint telephone/video conference between the mediator and a representative on each side to discuss matters such as:

• any outstanding disclosure

• exchange of position statements

• up to date schedule exchange

• who will be attending the mediation

• disabled access to the building when required

Position Statements

Most mediators will ask each party to prepare a position statement. You can send an “open” position statement, which will be sent to the mediator and the other party or a confidential position statement, for the mediator’s eyes only, or both.

An open position statement will usually include some or all of the following:

• The background of the dispute.

• The main issues still in dispute and your view on those issues and your thoughts on the

• The history of any offers and counter offers.

Nothing said to the mediator in your private room is passed on to the other side without the party permission. Run through the essential features of mediation – that it is voluntary, confidential, without prejudice and only binding if the parties sign a written agreement. A mediator is likely to ask more questions for better understanding, and to test the reality rephrasing or asking for more details. These private meetings will be for each individual party to have the opportunity to share all is needed with the mediator.

Opening joint session

The mediator will usually invite each side to provide “opening statement” without interruption. This may be delivered by the parties or by a legal representative.

This is an important opportunity for the claimant to tell their story and to be listened to.

The meeting will last as long as there is a useful exchange of information. Each party is free to leave the meeting and return to their private room at any time.

The meeting may end with the mediator and parties identifying how best to use the time available.

Private session with the mediator

This is an opportunity for the mediator to discover more about the case, what your client wishes to achieve and how can best be done.

Repeat until agreement has been reached

The mediator will go from one room to the other speaking privately and confidential with each side. Often the parties have requests for further information or clarification about a matter. The mediator may suggest further joint sessions or to start making and exchanging offers. They can ask the mediator to deliver their offers or they can do it themselves(where appropriate). The offers must be clear about what they include and should be specific.

Reach and sign agreement

Once an agreement is reached, will be drafted, reviewed and signed by the parties.

After the mediation

In cases where settlement is not reached on the day the mediator will often be prepared to work with the parties, by telephone, to see if final resolution can be reached soon afterwards. However, 80% of the mediation cases reach an settled agreement during the day/ session.

Working with you remotely:

We can host a mediation remotely by video and/or telephone.

Video conferencing is the next best thing to face to face mediation, which become even more popular due to reduced cost ( no cost for booking venues) and in line with government social distancing guidelines.

Just like a physical meeting our on-line mediations have three meeting rooms:

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Joint room/ mediator room

A private room for party A

A private room for party B

The mediator has full control of which room people are in.

When you join the meeting, you will be placed in your private room along with anyone else attending the mediation with you.

When you are ready you can ask the mediator to join you for a private discussion. The mediator will then go to the other side’s room to speak privately with them. You can continue your private discussions whilst the mediator is speaking to the other side.

With the parties’ agreement the mediator can arrange for some or all of the participants from each side to meet with him/her in the mediator’s room for joint discussions at any time. This could be for example:

A welcome meeting at the start of the mediation, opening statements or

A concluding meeting,

Advantages for video conferencing :

No venue expenses

No travel time/expense, less environmental impact.

Easy to arrange