Most people attend one mediation in their lives. It helps to know what is coming.
Before the day
Once the parties have agreed to mediate and signed the agreement to mediate, each side sends a short position paper and the key documents. I read everything, then speak to each party or their representative by phone. Those calls are confidential and usually tell me far more about what will settle the case than the papers do.
Who is in the room
The parties themselves, with authority to settle. Their solicitors or advisers, if they have them. Sometimes a supporter, an insurer or an expert. And me, the mediator, who is neutral, has no stake in the outcome and will not decide anything.
The structure
A typical day runs like this:
- Opening. I explain the process and the ground rules, and confirm that everything said is confidential and without prejudice.
- Joint session. Each side sets out, briefly, how they see the dispute. This is often the first time the parties have heard each other directly rather than through letters.
- Private sessions. Each party has its own room. I move between them, testing the strengths and weaknesses of each position, carrying offers, and asking the questions that the parties cannot ask each other. Nothing said to me privately is passed on without permission.
- Narrowing. As the day progresses the gap closes. Most movement happens in the afternoon.
- Agreement. If terms are reached, they are written up, checked by the parties and their advisers, and signed before anyone leaves. A signed settlement agreement is binding.
What if it does not settle
Some mediations end without a full agreement. Even then, the issues are usually narrower, the parties understand each other’s case far better, and a settlement often follows within days or weeks. The without-prejudice rule means nothing said at the mediation can be used in later proceedings.
In person or online
Both work. In-person mediations suit cases where relationships matter or where several parties and advisers need to be together. Online mediations, with separate virtual rooms, suit parties in different locations and shorter or lower-value disputes. The structure of the day is the same.