Services » On the day
A typical mediation either lasts for one whole day or will be a time limited mediation with a fixed number of hours. On arrival you and if applicable, your advisers, will be briefed by the mediator before the mediation commences. During the briefing the mediator will outline the general process and establish that one person is present from each side that has the authority to settle the issues in dispute or if not, how to gain access to someone who has.
After the briefing everyone will be brought together and each party in turn will make a short statement regarding the principal issues in dispute. The mediator will then decide whether to continue jointly with everyone or to separate the parties for private discussions.
Private discussion allows the mediator to identify and understand the respective interests of each side that need to be satisfied if a successful resolution is to be obtained.
The mediator works with everyone in a completely impartial manner to explore possible avenues of agreement that may lead to a settlement. A mediator does not dictate or impose any settlement terms. It is entirely up to the parties to come up with the terms of the settlement. The mediator can however explore the true needs of everyone and identify common ground.
All discussions between a party and the mediator are totally confidential. Only with the express agreement of a party will the mediator disclose any information to the other side. This allows each party to fully and frankly discuss possible solutions in a completely secure and confidential environment which will not prejudice their case. We take this key aspect of mediation so seriously that our mediation facility is sound insulated to a very high specification that ensures total privacy and confidentiality.
Everything done and said within the mediation process is also "without prejudice". This means that normally anything said or disclosed during the mediation can not be used in a later process such as litigation.
Anyone is free to leave the mediation at any time if they are unhappy with the other sides position. It is however quite normal for positions to change, sometimes significantly, during the mediation process.
The final conclusion of the mediation process will be:
If settlement is reached click here for further information
If no settlement is reached click here for further information