HOW DOES MEDIATION WORK ?
The advantage of Mediation is that the process is flexible and not limited by strict rules of procedure .
The parties firstly need to agree to mediate. This is often the biggest hurdle, particularly where the parties have stopped talking and can't imagine being in the same room with one another. However, if they can understand that the process can quickly and effectively solve their differences, then both sides can give it a go.
A mediation can be concluded within a day and we would hope to proceed in the following way :
1. Before the Mediation date the parties should provide the Mediator with their respective "Position Statements " setting out what they each see as the matters in issue and what result they expect . The Mediator should also be provided with copies of relevant documentation .
2.The mediation will take place on "neutral ground " at offices convenient to both parties. On the Mediation day there will be an introductory meeting when the mediator will explain the procedure and the parties will set out their position statements.
3. The parties will then be separated in different rooms and the Mediator will speak to each in turn. These meetings are entirely confidential and enable each party to disclose to the Mediator the strengths and weaknesses of their positions and to explore the background of the dispute. It is often the case , for example , in a property or probate dispute that the dispute has its roots in some ancient grudge or misunderstanding and all that is needed is for someone to say sorry.
4. The Mediator will then move between the parties exploring any common ground . During these meetings the Mediator will seek to assist the parties in testing the reality of their respective positions and encourage a common sense approach . A Mediator with the relevant professional background ( e.g. A Solicitor or Barrister with experience of Property Law ) will not give legal advice but can help to mould a settlement which is lawful , workable and economically sensible.
5. There may be several of these meetings during the course of the day as the Mediator builds communication between the parties . At the end of the day the parties will hopefully have agreed their differences . If so a confidential settlement agreement would be committed to writing straight away . If the parties have not reached agreement they may at least have found the basis for continuing discussions which may assist a negotiated settlement in the future.
Alternative Approaches
The process set out above does not have to be followed rigorously . There may be circumstances where the parties absolutely refuse to meet in the same room . The parties may be too far apart geographically to meet ( e.g. a dispute between newly weds in New York and a photographer in Wales ) . The dispute may be over a boundary when it makes sense for all parties to meet at the property concerned.
Telephone MediationConference calls can be set up on the mediation day . The Mediator would need to have all relevant documentation and position statements in advance .
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Internet MediationAdvances with Skype and FaceTime will make it feasible to arrange face to face meetings over the internet .
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On Site MedaitionYour Medaitor will be equipped with wellington boots for your boundary disputes. Dry accommodation in barns is quite acceptable for mediation meetings .
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