How it works
Mediation can be scheduled quickly and require a relatively small amount of preparation time. Once both parties have chosen to mediate, they agree on a mediator. Both parties sign an agreement to mediate that includes an agreed date and venue for the mediation, and the mediator usually has some pre-mediation discussions with both parties so that they are aware of what to expect and how the process works. On the day, the mediation usually begins with a round table opening discussion of the case, followed by a series of side-meetings between the mediator and each side until signature of a settlement agreement. Many cases are resolved within a few hours.
A mediator does not focus on legal arguments by both sides or hear evidence (as would a judge or arbitrator) but instead conducts informal joint and separate meetings with the parties to understand the issues, facts and positions of the parties. The mediator facilitates the discussion by reducing hostility, encouraging meaningful dialogue, exploring areas not previously considered, communicatingpositions/proposals in palatable terms, uncovering additional facts, helping each party to better understand the other party’s’ views and evaluations of a particular issue, narrowing the issues, deflating extreme demands, managing expectations, exploring alternatives and preventing regression.
It is advisable to mediate in a neutral venue and we can use our offices, a venue chosen by the parties or we arrange a separate venue. Unless otherwise agreed, the parties share the costs of the mediation.