Mediation is consensual in that it requires the consent of the parties. However, as a result of the Churchill case, in the event of litigation the court can now order the parties to mediate.
The parties’ first task is to agree upon and select a mediator. The parties will enter into a mediation agreement with the mediator which sets out the rules for the mediation.
Before the mediation day, the parties will exchange a short case summary setting out their view of the dispute and what outcome they are seeking.
At the mediation the procedure is very flexible. Usually there will be an opening meeting with all parties present when the mediator will explain in more detail, how the mediation process will work. Parties will be asked to introduce themselves and confirm that they have authority to settle the case if agreement is reached. There will then be a series of private meetings when the mediator will meet with the parties individually. These meetings are important as they are totally confidential and enable the parties to express their opinions in a frank and constructive way.
Lawyers for the parties are usually present but it is possible for there to be a mediation involving the parties only.
If the parties agree terms of settlement, the day will end with the parties signing a settlement agreement.
