Stages of the mediation
Stages of the mediation

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Stages of the mediation
  • Before the mediation
  • At the mediation
  • Setting the scene at the mediation
  • Step 1: Mediator introductions in party’s private rooms
  • Step 2: Joint meeting with all parties present
  • End of the mediation—settlement and enforcement
  • Settlement
  • Partial Settlement
  • No settlement
  • More...

Stages of the mediation

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:

  1. Choosing a mediator

  2. Mediation—practical arrangements

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.

Before the mediation

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:

  1. who will be attending and what their role is—in particular roles within client organisations

  2. whether there are any timing issues—such as a senior client only being available for part of the day

  3. any questions arising from the mediation documents—if circulated far enough in advance so that the mediator already has had time to read them

  4. any major sticking points between the parties

  5. 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

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