Mediation: The process

Every situation and organisation is different and the mediation process is deliberately flexible however, most mediations follow similar lines:

The parties agree which Mediator to appoint. (The parties are free to nominate the Mediator of their choice), and the Mediator will then contact each party to confirm the date, time and venue of the mediation.

Before the mediation starts, each party will prepare position statements and send them, together with any background information they think relevant, to the mediator. These position statements remain confidential, and the mediator will use the information in them only to focus and direct subsequent discussions.

The mediation itself will start at a joint meeting of all parties and the mediator. After a brief introduction from the Mediator, each side is given the opportunity to make an opening statement. The opening statement of each party enables them to put their case directly, without interruption or cross-examination. Each party explains how the dispute has affected them, why they are in dispute and what they want to achieve from the mediation.

Following the joint meeting, each party will move to separate rooms. The mediator will spend time with each party in turn, exploring, in confidence with each, what they hope to gain from the dispute and the full range of possible solutions. The mediator aims to help each party reach a solution that is possible and acceptable to everyone.

Once a mutually acceptable settlement has been reached, the mediator will draft an agreement in collaboration with both parties, which, once signed by both parties, becomes binding.