How the Process Works
There are essentially seven steps to the Mediation Process but every mediation is a little different and these can vary.
A successful mediation will usually involve:
- Meeting of the mediator and the participants and their lawyers (if present). This will usually take place in a conference room. The mediator will ensure that the mediation agreement has been signed and that there are certain rules and obligations in it that must be observed during the mediation.
- The mediator will then make an introduction and then invite each party in turn, or their lawyer, to give a statement about the issues in dispute; a short summary is all that is required
- The mediator will make sure that all parties have the information they need to proceed and if anything needs to be disclosed to allow the process to proceed.
- The mediator may identify key problems or issues to be resolved and the order for achieving that, with concurrence of the participants and their lawyers
- The mediator will invite one of the parties to make a proposal to settle the matter in dispute and the participants will then go to their “break out “ separate rooms
- The balance of the mediation will generally be negotiation between the parties and their lawyers with the assistance of the mediator who will monitor, conciliate and contribute to the process both in the break out rooms and if desired, in the main conference room
- Finally if the goal is reached and settlement is achieved, the parties or their lawyers will draft an agreement in short or long form, for each participant to enter into as a final enforceable and legally binding document. If the parties do not have lawyers, the mediator will usually assist in drafting the agreement.
