What is Mediation?
Mediation is a structured and confidential process used to resolve disputes at any stage, including before or during court or arbitration proceedings. A trained, independent mediator helps individuals, businesses, or multiple stakeholders (such as in restructuring plan settings) communicate effectively, explore underlying needs and interests, and work toward a solution that all sides can accept and honour.
How Mediation Works
The mediation process follows a clear structure designed to facilitate effective communication and help parties reach a mutually acceptable resolution.
1
Preparing for Mediation
Ahead of the mediation day, I will speak with each party or their legal representative to understand the background and ensure the process is tailored to the dispute.
All parties sign a Mediation Agreement confirming their intention to negotiate in good faith. The mediator's fee is agreed and typically shared equally.
Good preparation is key – please bring any relevant documents that will support decision-making, such as contracts, positions statements, reports, or plans.
3
The Mediation Process
Throughout the day, I move between private meetings, carrying proposals, clarifying concerns/interests, and helping each party explore practical workable solutions.
If appropriate, I will hold further joint sessions. I do not offer legal advice, but I help keep discussions constructive and focused.
I treat everything said in private as confidential, and I will only share with the other side if I receive clear permission to do so.
2
On the Day
The mediation usually begins with private meetings between me and each party. These are held separately.
If appropriate, I may bring the parties together for a short joint session, where each side can outline their position and better understand the other's perspective.
This is not a debate or an airing of old grievances, but a structured conversation to help set the tone for the day.
4
Settlement and Practicalities
If the parties reach agreement, their lawyers will usually draft a settlement on the day. Once signed, this becomes a legally binding contract.
Each party usually pays their own legal or expert fees. The mediator's fee is typically shared equally.
Often, one party offers a meeting room to help reduce venue costs.