Conducting a mediation

The aim of mediation is to resolve the dispute in question and produce a legally binging agreement. The mediator, whose primary purpose is to find that solution, will liaise with both parties. It is not the role of the mediator to decide who is right and wrong and they cannot impose penalties on the participants, who are free to leave at any time. However, once the process has been entered into we advise that participants remain for as long as the mediator believes that progress is being made.

On the day please arrive early and also ensure that you have, within your party, a person who has full authority to make a settlement on the day. You will be asked to confirm that authority at the start of the day.

At the beginning of the mediation you may be invited to make a short statement summarising your views. This statement may last only a few minutes, or can be more detailed if you wish. There is no obligation to make a statement. The purpose of the statement is not to prove your case but to clarify your views for the benefit of the other party and the Mediator. That initial presentation can be given by you or your legal representative, if you have one.

The opening statements should not be interrupted as this is an opportunity to listen to what is being said by the other party and to ensure your understanding of their position is accurate.

The Mediation process is flexible and the Mediator will spend time in private meetings with each party. Whilst the parties are free to leave at any time, it is helpful to remain within the process for as long as the Mediator believes that progress is being made. The Mediator is present with the sole purpose of trying to find a solution to the dispute. Your conversations with the Mediator are confidential and it is helpful if you are open and honest with the Mediator. The Mediator is not going to judge who is right and who is wrong. If an agreement can be reached you will be expected to sign a binding settlement agreement on the day.