Initial Contact
The process begins when the mediator is contacted either by an adviser (legal, HR, etc) or a party involved in a dispute. Fees are agreed and the usual timeline and process are explained, as well as answering any questions.
Pre-Mediation Meetings
The mediator meets individually with each party. This is an opportunity parties to share their concerns, outline what matters most, agree what information can be shared and prepare for the joint mediation in a confidential setting. The mediator will talk parties through the mediation agreement, and this will be sent to all parties for signing ahead of the mediation.
The Mediation - Opening Session
The mediation will take place either online or in-person. The session usually opens in a joint session, allowing each party dedicated time to speak and be heard before the joint agenda is set for the day. This keeps parties focussed and gives some structure to the day. The mediation itself is flexible and can be a mix of joint or individual meetings depending on the needs and wishes of each party.
The Mediation - Exploration and Negotiation
The mediator will explore the issues with the parties in individual meetings. As the day progresses, potential settlement options will start to be discussed and shared with the other party. The mediator may ask parties challenging questions and test options as negotiations continue. This continues until either a settlement is agreed, or the mediation otherwise concludes.
The Mediation - Settlement
If a resolution is agreed, parties’ solicitors can help with the drafting of the settlement agreement and by advising their clients to ensure a legally binding agreement is in place. In workplace mediations, the mediator will help parties to draft agreed outcomes from the mediation, so there is a clear action plan.
After the Mediation
Whether the mediation reached settlement, the mediator will often follow up with parties in the days following a mediation.