Preparing for Mediation

Before the Mediation

  • 7 days before the hearing each party should provide a concise statement, 2-4 pages in length, outlining their case and position regarding settlement.
  • The mediator may consult with the parties separately in advance of the mediation. Such consultations are encouraged as a means of expediting the hearing process.

At the Mediation

  • Arrive 15 minutes early and get comfortable in your room.
  • The venue will provide several rooms so that the parties can meet privately as well as jointly.
  • The mediator may chair a joint opening session where each party can explain their position though such meeting is not mandatory.
  • At most mediations, the mediator will shuttle between the parties exchanging information and helping them negotiate a resolution.
  • The mediator will not disclose confidential information unless authorised to do so.
  • To be successful, the parties bear the burden of acting in good faith and making a genuine attempt to reach a fair solution. Where corporate defendants are involved, decision makers must be present save for exceptional circumstances.
  • If a resolution is achieved – and the vast majority of disputes are resolved – then a written settlement agreement will be drafted by the parties. A settlement agreement can be enforced through the courts.
  • If a dispute does not completely resolve at mediation, your mediator will remain committed to the resolution of your dispute.