Before Mediation

If you choose KG Mediation as your mediation provider, we allocate the most appropriate mediator for your case. The allocated mediator will then introduce themselves by way of a ‘Letter of Appointment’.

Within this letter, they will ensure there is not a ‘conflict of interest’. The mediator will confirm this check in a written statement, which may resemble this:-

“I do not know any of the parties in the dispute. I may know of the companies they represent; however I do not believe I am conflicted in anyway”.

The mediator will also request the parties present at the mediation will have the authority to settle on the day, should the opportunity arise.

The mediator will then describe their role as a mediator, such as this:-

“My role is to use my skills and experience to facilitate a resolution. I will not comment on or judge anything. I will listen carefully to everything that is said and use the information to assist in building a solution you are comfortable with. I will not provide legal advice however I will provide time for you to take legal advice during mediation, should you request this”.

The mediator will explain they are happy to receive a copy of confidential information prior to the mediation. This may include you setting out how a settlement might look. This information will most likely be destroyed prior to the mediation once they have read and understood it.

 

Prior to the mediation you may wish to send as much information as you think would be helpful in allowing the mediator to understand the full dispute and what you hope to achieve. This information may be a list of key dates and/ or events, proof of agreements or anything related to the dispute.

It is up to you if you wish to share this information on the day. If there is anything you wish to remain strictly confidential, you should ensure it is packed separately and marked ‘Confidential’.

You do not need to prepare anything such as a trial bundle, but it can be helpful in illustrating your reasoning, to prepare skeleton arguments, chronologies and the like, to refer to.

Finally the introduction letter will include an ‘Agreement to Mediate’, which will require signing and returning prior to mediation. Please see our Agreement to Mediate here.KG Mediation – Mediation Agreement

The Letter of Appointment will also give an overview of the mediation process.