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The day of Mediation

On the day of the Mediation, there will be a short intorductory session and the Mediator will make sure that everybody is prepared for the day and if not signed already, will ask them to sign the Mediation Agreement if not already returned.

Following that, the Medation will usually commence with an opening joint session, where the participants, their legal advisors (if any) and the Mediator are present. The Mediator will open the session and there will then follow a process whereby all present introducing themselves.

During this time, the participants are invited to make a short opening statement about the dispute and their case, they can seek to clarify points and even suggest solutions. The participants will undoubtedly be clear about what their arguments are in relation to the dispute and therefore the time in this first open joint session is best spent to put forward constructive points that may assist in the settlement of the dispute.

The opportunity for cooperation

It is important that the participants respect each other during the opening joint session and listen to the other’s introduction, without interruption.

The Mediator will then allow time for some dialogue between the participants and may well pick up on some points that have been made and ask the participants to expand on the points.

It may be the case that the participants are not willing to have an opening joint session - whilst the Mediator may seek to persuade the participants of the benefits of doing so, we respect the views of the participants and can simply commence the Mediation by way of private sessions.

The way that a Mediation will progress is then dependent upon each individual case. It is perfectly possible for a Mediation to be conducted fully in an open session whereby all the participants are around the table and have the opportunity to engage in open and frank discussions about their dispute. However in some situations, it may be better for the participants to split into private sessions and then re-group into further joint sessions as the Mediation progresses or to remain in private sessions until either settlement is reached. The Mediator will listen to your requirements and will work with you to ensure that you feel comfortable during the course of the Mediation.

We respect privacy

In private sessions, anything discussed with the Mediator remains strictly confidential, unless the Mediator is instructed otherwise. This allows you to be completely open with the Mediator and it provides the Mediator with an opportunity to ask you to explain your views and if there was anything that was not mentioned within the open session that you consider the Mediator needs to know. The key for the Mediator is that they will try to understand your ultimate aims and what is of importance to you.