What Happens On The Mediation Day?
Although as you will find that the mediation is day is a much less formal and more relaxed affair than court it is still understandable that many people find it nerve-wracking to begin with.
(You’ll be in good company because if you’re bringing along your lawyer you will probably find they’re unfamiliar with mediation too. It’s unfortunately true that the vast majority of lawyers in the UK have never been taught about mediation – which is one reason for the expensive, adversarial legal system we’re so passionate about changing for the better.)
So, the first thing to say is that our mediators understand how you feel – and they will do everything they can to make you feel comfortable.
The mediation process is all about the participants really participating – so we will make sure you feel ready and able to get the most out of the mediation day, without fear.
The day will usually begin with the mediators and each of the participants (along with their representatives if they have any) coming together in a large room around a table.
The mediator will go through a procedure designed to make everybody comfortable and ready to participate fully, including an introductory outline of how the day is likely to proceed.
There will usually be two other private rooms, and, after the mediator’s opening remarks each participant will set out their view of the dispute in the large room, following which they will normally move to their private rooms.
The mediator will then shuttle between these rooms and help each participant to develop possible solutions.
Everything the mediator is told by either party in these private sessions is held completely confidential by the mediator and is never disclosed to the other participant without express consent. This means that each participant can work with the mediator in complete confidence towards a satisfactory solution that aims to address the core of their needs in the dispute.
In around 90% of cases this approach will lead the participants to negotiate a mutually acceptable solution to their dispute which means they can put the whole thing behind them on the day and get on with their lives free from the pain and expense of ongoing litigation.