The Mediation Process



Before the mediation, the mediator will familiarise themselves with the parties' thoughts and feelings. They will normally talk to the parties in strict confidence. A date is agreed to meet. An agreement to mediate is signed at the first meeting.

Both parties and representatives or advisers (if present) will normally meet with the mediator in a short open session.

They will be asked in turn to explain their issues without interruption. The mediator may then ask questions for clarification.

The mediator will then meet with each party and representative, if there is one, privately to help facilitate and guide the discussion with a view to exploring the background to the issues, and possible solutions. All discussions will be fully confidential. Only with express permission of the party can the mediator divulge any information from these sessions to the other party.

Once an agenda for joint discussion has been agreed by the parties a joint session will be held with a view to reaching agreement.

If there is agreement all parties may meet in a final closing session and if they wish, sign an agreement.

The aim is to reach an agreement in a day but with agreement of all parties another day or half day can be agreed at the end of the first day.

Every person involved in the mediation will treat everything as strictly confidential and without prejudice.

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© A McAdam Clark (t/a McAdam Mediation)