During Mediation

The mediation process is not a ‘courtroom’, judgemental atmosphere. It is a process of exploring points of dispute, any underlying matters and how these can be discussed to find a mutually agreeable solution.

This is facilitated by discussions in both open and private sessions. Anything discussed in private session is strictly confidential and will not be disclosed to the other party unless you expressly authorise the mediator to do so.

It is usual for the mediator to complete a formal introduction which is then followed by a general summary of the dispute by each party; and what they wish to achieve from the mediation. The mediator can suggest how the discussions take place on the day, for how long and in what format.

This is your mediation and the mediator is there to provide a platform for the process to work so parties should bear in mind that they must concentrate on persuading each other, not the mediator.

The mediator will encourage ‘forthright exchanges’, within the bounds of civility to ensure all matters have been discussed.