Typical Mediation Process
Dispute / Conflict
[Proceedings can be issued before or after invitation to mediate/mediation]
Invite Other Party to Mediate
Suggest a Mediator for joint appointment
[If Live Proceedings, Ask Court to Stay Proceedings for Mediation
- at allocation stage, via letter/email or at a hearing]
Appoint Mediator
Split fee equally between parties
Agree venue & other details
Speak to Mediator
Exchange Position & Interests Statements
MEDIATION DAY
Mediator and each party present sign mediation agreement
Negotiation Facilitated by Mediator
Joint Session (all parties, Lawyers and Mediator – where agreed)
Private Sessions in Separate Rooms (party, Lawyer and Mediator)
Lawyers and/or Experts sessions (where needed)
Settlement Agreement Drafted & Signed — OR — Parties Walk Away
Follow Up Settlement — OR — Court Case resumes
It typically takes one day to resolve a dispute using mediation (in 76% of cases according to the CEDR Commercial Audit 2018. Another 13% are resolved shortly thereafter. Only 11% proceed to court after mediation. The vast majority of those still see the mediation as having been beneficial to the case).