Getting started – and invitation to mediate
Preparing for mediation starts with the invitation. As mediation is voluntary, one party must suggest mediation to the other and the other party/parties must agree to take part. Our administrator can assist with this invitation if that helps. It is important that all those who have a say and can agree to the outcome are able to attend on the agreed day.
Once the parties agree to mediate, they then need to decide on a mediator, a date and a venue. This can bring the parties swiftly to mediation, which can be important if the court has a stay on legal proceedings that is about to expire.
How to prepare for mediation
The mediation process gives parties the opportunity to communicate directly so parties should think about what they need to say about the different issues,
as well as anything they may want to ‘get off their chest’.
Good preparation and willingness to take part is a key factor in finding a resolution. Take time to consider:
- What do you want to ask the other party?
- What do you think they will want to ask you?
- What do you need from the other party
- What issues might they raise which you will find difficult?
A full guide on how to prepare for mediation is available here.
Next steps
In civil mediations, once parties agree to mediate the next steps are:
- Choose your preferred mediator
- Agree whether in person or remote, venue, date and timings and sign a joint Agreement to Mediate
- Agree a joint mediation bundle containing documents parties feel the mediator must see before mediation
- Provide a brief summary document of the impact on parties, called a Position Statement
Each party may provide separate information to the mediator only which is not disclosed to the other party.
What happens on the day
Each mediation is different and the mediator can use the flexibility of the mediation process to meet the parties’ needs. Our general approach is for each party to assemble in their own room before the mediation. Lawyers, supporters and clients can connect in confidence. Our mediator will check who is present and whether there are any additional concerns. The parties can then be connected by the mediator for a joint session where that would be helpful followed by a series of private sessions when the mediator will work with the parties to explore where the solution may lie. When an agreement is reached, it is put into writing and signed by or on behalf of the parties making it legally enforceable.
To make an enquiry regarding our mediation services fill in our enquiry form.
You will find us within Garden Court Chambers offices. Situated at 9 Carmelite Street we are just 5 minutes from Blackfriars Station.
