What happens at my mediations?
Although each mediation is different, depending on the particular parties and their needs, the broad structure is generally:
Pre-mediation
Once my appointment is agreed – and I can help encourage people to come to the table - I send an e-mail confirming details and listing preliminary matters to be considered (e.g. an agreed bundle of documents, briefing / position papers, venue, those attending etc). I include my standard mediation agreement to be agreed with any changes required by the parties.
On larger matters, I generally suggest a pre-mediation meeting in the week prior to mediation day. In other matters, I call a few days before the mediation to talk generally about how matters may unfold on the day and what approach is best.
My objective in this initial phase is to help the parties prepare, and for me to learn enough about the case to discuss how the overall mediation should be structured. This optimises the prospects of resolution when everyone comes together.
MEDIATION day
The issues dividing the parties can be old, deep, and difficult. I work with the parties, in a safe, informal environment, to explore matters impartially, taking everyone’s objectives into account. Usually that means allowing the parties to communicate directly (but not always).
I respect and protect the positions of all participants. I respect confidentiality. I help parties avoid making decisions without considering important information. I suggest ways in which the gaps can be bridged. I help the parties consider all options fairly and find the best solution; the parties’ role is to make the ultimate decision to settle or not, based on their own interests, needs, values, and advice.
If a resolution is reached – and most of the time it is – I work with the parties to produce a robust, binding legal agreement (or a memorandum of understanding on which one may be based).
Post-mediation
On those rare occasions when the dispute isn’t resolved at mediation, I identify points of agreement and difference as a basis for further negotiation or action. Parties can take comfort from the fact that, even if a dispute doesn’t settle on the day, all involved will have a clear understanding of why, and will have made a clear decision not to settle. That information is hugely valuable; it explains why cases that do not settle on the day often settle shortly afterwards.