The parties and their
advisers meet at an agreed location for the first mediation session, which
often lasts only a day.
The mediator will first establish that the representatives of the parties
have authority to settle if terms can be reached.
After the initial briefing, a short statement is made by each party of the
principal issues, normally in full session. Then the mediator holds private
meetings with the parties in separate sessions.
This privacy enables the mediator to identify and understand the respective
interests to be satisfied for a successful resolution.
The mediator is a highly skilled communicator and works in an informal environment,
exploring the dispute impartially, taking into account the parties' objectives,
and suggesting ways in which the gaps can be bridged.
A mediator does not dictate settlement terms and cannot disclose to either
party “unauthorised” information. They can however explore the
true feelings of the parties involved and identify common ground.
We appreciate that these situations can be challenging, and that some parties
may arrive at the process with an axe to grind. A skilled mediator will
provide conditions where anger and antagonism are effectively disarmed,
and will clear a path for constructive negotiation.
If a resolution is reached, and it usually is, the mediator works with the
parties to produce a binding legal agreement. If not, and those occasions
are rare, the mediator will identify points of difference and agreement
as a basis for any further negotiation or action.
The process usually takes one or two days with parties generally assisted
by their lawyers, sometimes with experts in attendance. The mediation
remains a voluntary process in which the parties remain in control.
