What to expect from a mediation session

Mediation is a structured process designed to help parties in dispute find a mutually acceptable resolution. As an expert mediator, I can provide you with an overview of what parties can expect during a mediation session.

PRE-MEDIATION PREPARATION

Introduction and Agreement to Mediate:

■ Before the mediation session, parties will receive an agreement to mediate, outlining the rules and expectations of the process. A copy of our Agreement to Mediate can be downloaded here
■ Parties are encouraged to prepare by identifying their main issues and interests.

Confidentiality:

Mediation is a confidential process, meaning anything discussed in the session cannot be used outside of it. This encourages openness and honesty.

DURING THE MEDIATION SESSION

Opening Statements:

■ The mediator will introduce themselves, explain their role as a neutral facilitator, and outline the process.
■ Each party will have the opportunity to make an opening statement, expressing their views and concerns.

Establishing Ground Rules:

The mediator will set ground rules for respectful communication, ensuring that all parties have the opportunity to speak and be heard.

Joint Discussion:

■ Parties will discuss the issues together, with the mediator facilitating the conversation to ensure it remains productive.
■ The mediator may ask questions to clarify issues, identify underlying interests, and explore potential solutions.

Private Sessions (Caucuses):

■ The mediator may hold private sessions with each party to explore their interests and concerns in more depth.
■ These sessions provide a safe space for parties to express their true feelings and discuss sensitive issues.

Exploration of Solutions:

■ The mediator will guide the parties in brainstorming possible solutions and evaluating their feasibility.
■ Parties are encouraged to think creatively and consider various options for resolution.

Negotiation and Compromise:

■ Parties will negotiate with the mediator’s assistance, aiming to reach a compromise that addresses the key interests of all involved.
■ The mediator may help parties reframe issues or suggest alternative approaches to overcome impasses.

CONCLUSION OF THE MEDIATION

Agreement:

■ If the parties reach an agreement, the mediator will help them draft a settlement agreement outlining the terms.
■ The agreement is typically reviewed by the parties and their legal representatives before being finalised.

Impasse:

■ If no agreement is reached, the mediator will discuss other options, such as future mediation sessions or alternative dispute resolution methods.
■ The parties remain in control of the decision-making process and are free to pursue other avenues if mediation does not result in a resolution.

POST-MEDIATION

Follow-Up:

■ The mediator may conduct a follow-up to ensure that the agreement is being implemented and to address any remaining issues.
■ In some cases, additional mediation sessions may be scheduled to address unresolved matters.