Preparing for the Mediation

Before the mediation takes place I will need to know what the dispute is about.

I will ask you to provide me with some basic information about the dispute and enough of the underlying paperwork for me to familiarise myself with the issues and facts in dispute.

It might be helpful for the parties to agree a short summary of the dispute and send it to me with the key documents.

It might also be helpful for each party to provide me with a short document setting out their private thoughts on the dispute and how it might be resolved. They can send this to me on a confidential basis.

The format of the mediation itself can be agreed in advance by the parties if they wish. Otherwise I will choose the format that I think is most suitable.

It can take place at a venue of your choice. This can be:

• at my offices in Truro or Exeter
• at one of the solicitor’s offices
• at a neutral venue such as a hotel or conference suite
• on site, for instance where there is a boundary dispute or a construction project
  

In most cases all we will need are private, comfortable rooms big enough for each party.

If we are going to use joint sessions, we will need a further room big enough for both parties and me.

There can be an opening session attended by everyone, where I make some opening remarks and each party has an opportunity to speak. This can sometimes lead on to a useful general discussion.

Often, however, I will speak to each party privately in their own room and then ‘shuttle’ between the rooms as the mediation progresses. This gives me and the parties the time and space to develop ideas for a solution to the dispute.

Remember that everything told to me in a private session is confidential – unless you authorise me to disclose it.

If the mediation is successful, you or your legal adviser will usually prepare a document to record the terms of the agreement which is then signed by both parties.

Even if the mediation does not lead to an agreement then and there, you will have lost nothing. Nobody will be able to rely on, or refer the court to, any of the concessions made at the mediation.

In my experience disputes often settle shortly after a mediation even if they don’t settle at the mediation itself.