1. If we decide to mediate, do we have to settle?
No. The ultimate decision to settle lies with you and your opponent. The mediator’s aim is to work with the parties over the course of the day to facilitate discussions, explore solutions and find a workable settlement for both parties. The parties will only be bound by any settlement once they are comfortable with it and have signed an agreement.
2. Will mediation be successful and solve my problem?
A successful mediation does not necessarily mean one which has reached a signed settlement agreement on the day.
The parties may come to an agreement days, weeks or months after the mediation day but the mediation will have allowed them to focus their mind on what their problem is and how that problem can be resolved.
Whether a settlement is achieved is in the hands of the parties.
3. How much will it cost?
Concentus’ costs can be fixed to allow parties to properly budget and consider the cost effective consequences of mediating.
Concentus’ offers fixed costs per party which includes preparation time in advance of the mediation and one full day of mediation starting from 10am until 6pm.
4. How long will it take?
Most mediations only require one day and many aim to finish the day by 6pm. Realistically mediations can go on for a few hours past this point and you should be prepared for that.
5. Do the parties have to meet?
The parties are encouraged to meet at the beginning of the day to hold a joint meeting whereby each party introduces themselves and make opening statements as to their position.
This meeting can be invaluable and will be encouraged by the mediator if it will be lead to valuable discussion but it is not set in stone. Indeed these meetings should only take place if they are going to be productive to the day.
The parties may not want to meet until later on in the day, if at all and that is fine.
The process is flexible and the mediator will recommend, sometimes in strong terms, what the process should be to try and achieve settlement in the particular case but it is ultimately the parties’ decision as to how the day will run and unfold.
6. What paperwork will I need to prepare?
The mediator needs to know what the dispute is about. Represented parties will be advised by their solicitors what paperwork will need to be prepared.
Generally a a short written submission will be exchanged between the parties and provided to the mediator. A confidential submission may also be provided by each party for the mediator’s eyes only and any important documents can be provided in a small bundle.
It is important the mediator understands the background to the case but will want to spend the time with the parties personally to find out more on the day.
If you are unrepresented then you can contact the mediator to discuss what paperwork you may want to exchange and/or provide.
7. What should I wear?
Wondering what to wear to mediation is an important consideration. The most important thing to remember is that you are comfortable.
Speak to your solicitor if he or she is attending.
If you are attending unrepresented then you will want to feel comfortable yet smart and ready to face an important day ahead.
Sam takes a more informal approach than others to mediation and is happy to speak to you about this should you need more clarification.
8. What should I expect on the day?
Every mediation is different. Most importantly a mediation is not a rigid and formal process. It is a fluid and more relaxed process to allow parties to work together to conclude issues between them.
The parties will each have their own private room which is their space for the day. There may also be one large room for everyone to get together should that be necessary.
The mediator will remind each party of the ground rules of the day, following which it is an incredibly flexible process which will differ depending on the nature of dispute, the personalities of the parties and the number of people of attending.
The mediator will spend time with the parties individually in their private rooms, gaining an understanding of their position and working with the parties to reach a resolution. This may include playing devil's advocate and testing the strengths and weaknesses of your position. The mediator will work with the parties to consider possible solutions to the problems, communicate offers to each party and helping them understand what the offer means to them.
Once an agreement is reached then the parties' legal advisers will draw up an agreement reflecting the terms. If the parties are not represented then they will draw up an agreement between them to reflect the terms reached. The mediator is not there to advise on the legal merits of that agreement.
