How mediation works
Step 1 Agreement to mediate
Once the parties have agreed to appoint the mediator, they need to sign a mediation agreement.
Step 2 Preliminary work
The mediator carries out background research on the history of the dispute and may meet or speak on the telephone to the parties and their representatives.
Step 3 Practical arrangements
The parties agree with the mediator on a date and a neutral venue. We like venues that have access to a suite of rooms and pleasant outside space. The parties and their representatives can then meet all together with the mediator at some times, and privately with the mediator at others.
Step 4 The mediation
The mediation itself is a series of meetings taking place usually over one day or two. Each party has plenty of opportunity to describe the history of the dispute, and the outcomes they seek. The mediator listens to each party, paying attention to both issues and feelings. S/he explores options, presents suggestions between the parties and tests the waters.
When the moment is right the parties can re-convene with the mediator to exchange ideas, assess progress and work towards a settlement.
Step 5 Settlement
Many such meetings result in settlement in a day. Sometimes there is a need to return for a second day.
In principle we aim for a settlement document reflecting the parties’ agreements to be drawn up and signed at the time. Settlements might involve
Acknowledgements and apologies
Financial measures
Non financial measures
Time scales
Agreement to adhere to the terms of the settlement and not pursue litigation or other remedies
Commitments to changes in management policy
We encourage parties to strive for sustainable settlements. For disputes arising within an organisational context, we sometimes advise a transitional period during which new policies can be tried out. The parties then meet again with the mediator to review the changes and agree a final settlement.
The settlement becomes legally binding once all the parties have signed it.
Situations suited to mediation
