The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the mediation, possible settlement at the mediation and issues arising after the mediation. It gives practical tips as to how to prepare for each of those steps.
For guidance on preparatory steps for the mediation, see Practice Notes:
Choosing a mediator
and related content.
For guidance where you are considering conducting the mediation remotely (ie online via video conference), see the following Checklist and related guidance: Remote access mediation—checklist.
The mediator will usually contact the lawyers for each party to discuss the arrangements for the mediation. This contact will usually be by telephone and the mediator will in particular want to know:
who will be attending and what their role is—in particular roles within client organisations
whether there are any timing issues—such as a senior client only being available for part of the day
any questions arising from the mediation documents—if circulated far enough in advance so that the mediator already has had time to read them
any major sticking points between the parties
whether there have been any previous attempts to settle or mediate and why they have failed
If you have any queries or concerns before the day then you should contact the mediator directly as it may save time
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