Commentary

98 Preliminary communications and procedural directions

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

98 Preliminary communications and procedural directions

| Commentary

(b) Procedure

98 Preliminary communications and procedural directions

Where the mediation agreement1 itself does not contain detailed provisions regarding the procedure to be followed at the mediation, the management of the proceedings will be a matter for the mediator’s discretion, subject to consultation with the parties and preliminary agreements on procedure which they reach2. Pre-mediation discussions are likely to be confined to procedural matters because the mediator must avoid any communications with one party which could be misconstrued as partisan.

Before the mediation starts, both the parties and the mediator should have obtained sufficient information about the

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial