Alternative Dispute Resolution > The Mediation Process

Mediation is a flexible process and, with experience, a Mediator can exploit that flexibility. Essentially, the following framework provides safe foundations on which to build.

Preliminary contact between the Parties and the Mediator to:

• Agree to mediation

• Agree terms of mediation including date/s, duration, location, representation, legal framework, costs and documentation.

Limited, brief written summaries of the case submitted by Parties in advance to:

• Inform the Mediator

• Focus Parties on the real issues.
  

Initial joint meeting at which:

• The Mediator clarifies the position and establishes ground rules

• The Parties present a summary of their case to each other

• Issues are clarified.
  

Private, confidential meetings (called caucuses) between the Mediator and each Party separately to:

• Examine the important issues and needs of each Party

• Encourage openness about weaknesses as well as strengths

• Discuss options for settlement.

Joint meetings as appropriate throughout the mediation at which Parties may:

• Negotiate directly

• Discuss differences, particularly in understanding of fact or expert opinion or likely legal outcome

• Set the settlement down in writing or agree further action.

Mediation is a voluntary, non-binding, private dispute resolution process in which a neutral person helps the parties try to reach a negotiated settlement