Mediation Process
“Your conduct of the mediation was exemplary. This matter would not have settled without your professional and non-partisan approach.
I have no hesitation in recommending your services in the future”
The mediation process is a voluntary and confidential form of alternative dispute resolution. A neutral third party helps those involved in a dispute to communicate, negotiate and reach a resolution.
Step 1
Once all parties are in agreement that mediation of their dispute is the way forward, the identity of a mediator is agreed between them and appointed either directly or by their legal advisers or other representatives.
Step 2
A date is then set and a venue for the mediation agreed. The venue will generally have separate rooms for each of the parties and the mediator. One room large enough to accommodate all those attending the mediation may also be necessary.
In remote mediation the Zoom platform has the facility to recreate this arrangement of rooms virtually.
Step 3
If Simon is the appointed mediator he will indicate to the parties what documents he would like to see in advance of the mediation. The aim is to understand the background to the dispute and the needs of the parties.
Step 4
Simon is also likely to make contact with the parties or their representatives by telephone in the days leading up to the mediation. This will be to ascertain the issues if not clear from the documents and the parties’ positions in relation to them. Ironing out any issues in relation to the venue or the attendance of any individuals at the mediation can also be done at this stage.
Step 5
Whilst the mediation process is largely informal, all parties involved will sign a mediation agreement which records the basic ground rules and the procedure which is to apply during the process.
Step 6
On the day of the mediation, after initial private meetings with each of the parties, Simon will usually convene a joint meeting of the parties and their legal advisers, enabling views to be exchanged and issues more precisely to be identified.
Step 7
In a series of private (and confidential) meetings over the course of the day, Simon meets each of the parties separately to explore key issues and to fully understand their needs. As the day progresses he uses his experience and skills as a mediator to help the parties to engage in constructive negotiations. The ultimate goal for the day being a settlement.
Step 8
Once there is a jointly agreed resolution it is reduced to writing in the form of an agreement which is signed by each of the parties. It is at this point that the parties are bound by it.
Step 9
The dispute has now been settled without the need for lengthy and expensive court proceedings. The parties can continue with their day-to-day business, including maintaining a working relationship with each other, if applicable.
