Mediation is now an established route to resolving disputes as an alternative to costly litigation. Courts expect mediation to have been attempted by the parties.
Mediation is a process entered into voluntarily by the parties to a dispute. It will not be an appropriate course where a party does not wish to participate as it cannot be forced upon them.
The mediator is an independent person who has been trained to mediate. A mediator will not act for any party and will not give legal advice to a participant. The best mediators will be good listeners.
A mediator is appointed by the parties. The parties will meet with the mediator either in person or online. Often the mediator will hold what is known as an opening session. This is where the parties come together in a room to set out their respective positions.
If a party does not want an opening session it will not be held. Each party will have their own room and the mediator will move between the rooms to see where agreement can be reached between the parties. The mediator may be able to suggest options that could be put to the other party.
A party may attend a mediation on their own or with someone who will support them. Support can come from a legally qualified person or from a relative or friend. It can be lonely for a party in a mediation room whilst the mediator is with the other party so someone in support is normally advisable. They can also sense check with the party that party’s discussions with a mediator.
If agreement is reached between the parties on the day of the mediation an agreement is drawn up to record the agreement which is signed. If agreement is not reached on the day discussions between the parties can continue after the day with the aim of agreement being reached at a later date.