This is the time to think of how you see the dispute settling. The mediator will provide you with a mediation agreement in advance which outlines the fact the mediation is:
· not a binding settlement unless it is put in writing and signed
· the costs of the mediator
The mediator will endeavour to contact the parties/their lawyers and introduce themselves before the mediation. Those discussions will be undertaken on the same confidential basis, as part of the mediation.
The parties will have chosen the venue for the mediation. The mediator will meet privately with each party and their advisors prior to a possible (not obligatory) joint meeting between all parties. If you have not already done so, you will be asked to sign the mediation agreement. The discussions over the course of the mediation day are private sessions between the mediator and individual parties and their advisors unless the parties decide otherwise. As the mediation day develops there may be discussions between advisors chaired by the mediator.
For the settlement to be binding, the terms must be in writing and be signed by the parties. Whenever possible, the drafting and signing of the terms of settlement will be undertaken on the mediation day. Those mediations which do not settle on the mediation day often finish with a “window for settlement” which allows for further contact from the mediator to close a settlement.
The mediation is conducted under the umbrella of confidentiality. The terms of confidentiality are contained within to the mediation agreement. Confidentiality works on two levels. Firstly, the private discussions between the mediator, each party and their advisors are confidential and must not be passed onto the other party and their advisors without express permission. Secondly, the mediator, the parties and their advisors undertake the entire mediation on a confidential basis. The appropriate use of confidentiality creates the private time and space needed for the mediation to work.
Wirral Mediators here to help you