Five Phases of Mediation

1
Preparation | Preparation is key to successful Mediation and involves :

  • selection of the Mediator
  • agreement of location and date for mediation
  • details of Mediators fee
  • exchange of short case summaries and agreed documentation
  • confirmation of attendees
  • confirmation of role of the Mediator
  • risk analysis for each party
  • development of relationship between Mediator and both parties.
2
Opening | The opening session on Mediation Day is only convened when appropriate and involves :

  • introduction of all attendees
  • outline of overall procedure by the Mediator
  • opening statement by each party
3
Exploration
During this phase the parties separate to private meeting rooms. By working back and forward between rooms the Mediator explores each party’s case searching for vital information that may unlock the deadlock between the parties.
4
Negotiation
Direct and indirect negotiations begin with the assistance of the Mediator who challenges each parties position, explores the strengths and weaknesses of their positions and works with them to establish the range of options open to them while also examining their best and worst alternatives if they do not reach a deal.
5
Conclusion
Lawyers representing both sides draw up the agreement recording the settlement. Once the settlement is reached, it becomes legally binding.