Mediation in person

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 start the day by reminding 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 and dynamics 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.

The mediator may ask the parties to meet directly, with lawyers if lawyers are present or possibly alone with the mediator. The mediator may ask the lawyers to meet on their own to discuss a particular point. All meetings are voluntary and are suggested by the mediator for good reason to facilitate a settlement.

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.

Mediation is a flexible and adaptable process. It allows the parties to explore the issues which are most important to them and bring closure to some sensitive issues which may not even be featured in the legal pleadings.The mediator can work with the parties to help them through certain issues which may be unknowingly causing a barrier to settlement.

A mediation can take place in one day. Litigation can take months, if not years. It allows the parties to take control of timing and therefore of the costs being incurred. It also allows parties to be open yet feel protected. All discussions and any offers exchanged are confidential as between the parties and the mediator. All discussions with the mediator are confidential.

This allows the exploration of settlement.

The mediator is not there to take sides. The mediator is there to facilitate discussion, facilitate exchange of information, play devil's advocate and make the parties understand the consequences of litigation. The ultimate decision to settle is the parties’ decision

Mediation brings flexibility to the conclusion of a dispute that litigation cannot do. The needs of the parties can be explored in great depth, which may not necessarily happen in a trial. A mediator can assist the parties in exploring solutions to their problems, tailoring the mediation to suit the parties’ problems as they arise throughout the day.

THE MEDIATOR IS NOT THERE TO TAKE SIDES.THE MEDIATOR IS THERE TO FACILITATE DISCUSSION, FACILITATE EXCHANGE OF INFORMATION,PLAY DEVIL’S ADVOCATE AND HELP THE PARTIES UNDERSTAND THE CONSEQUENCES OF LITIGATION. THE ULTIMATE DECISION TO SETTLE IS THE PARTIES’ DECISION.