The Procedure of Mediation

MEDIATION.

The employment of an independent person (The Mediator), to work in private and without prejudice with those in dispute, in order to advise and guide them to an agreement.

The Mediation Procedure

THE MEDIATION PROCEDURE

Introduction of the Mediator and those present. (Advisors, solicitors, barristers, may be present/or not present, but only one person is to be a spokesperson for each party.
The spokesperson above must have the necessary authority to reach a settlement that day.
Each spokesperson will have approximately five to ten minutes to state their case in the presence of all those attending, to open the Mediation.
The Mediator then speaks with each party alternatively, and in private, regarding the substance of the dispute, in order to evaluate the facts and search for a solution.
The Mediator does not enforce his opinion, nor a settlement, he acts as a catalyst and explores the means by which agreement may be reached.
At the end of the mediation, the Mediator will call both parties together when he considers that there is most likely agreement and resolution of the dispute.
All findings are without prejudice and remain strictly private.
The vast majority of Mediations are successful.

CONCLUSIONS----BINDING/NON-BINDING.
At the end of a successful mediation, each party will receive a written statement of the agreement reached. This agreement, at the request of both parties, will become a legal and binding conclusion.

There are situations where, particularly with Employment Law, Tribunals have been appointed to settle a dispute. In these cases Mediation between parties can resolve the points of agreement and place the remaining disagreements in better and clearer perspective prior to the tribunal hearing.

TIME.
- It is essential that everyone arrives and starts on time.
- Parties should arrange their day in order that there is no rush to leave before final deliberations and paperwork are complete.
Mediations, which are allocated by some Courts, may only be given three or four hours. It is essential that procedures be conducted in a positive manner in order to complete such mediations. For most Mediations a full day is allocated and on rare occasions a second day may be necessary.

VENUE REQUIREMENTS.

1. At least two, preferably three rooms, one of which must be sufficiently soundproofed to make discussions private. Tables and chairs must be available.

2. A toilet and wash facilities.

3. Electric power points.

4. Full day mediations require rooms to be available from 8am until 5pm.

5. Available car parking.

6. All persons present at the Mediation are requested NOT to use phones/mobile phones to take advice from persons not actually present at the mediation, without the consent of all other parties and the Mediator.

7. Where a full day will be required to settle a dispute the venue should have on site refreshment facilities available.

8. Access to any media requirements for the viewing of photographs, video etc.

COSTS.

These are by arrangement with the Mediator. They are paid equally by each party to the Mediator. Payments may also be needed to cover the costs of the venue (if there is such a cost involved).

All parties are to make an agreement with the Mediator, regarding the time and manner in which all costs are to be paid, before the Mediation commences. The costs may reflect the quantum under dispute

For further information please contact us.




The Procedure of Mediation
	MEDIATION. The employment of an independent person (The Mediator), to work in private and without prejudice with those in dispute, in order to advise and guide them to an agreement. The Mediation Procedure THE MEDIATION PROCEDURE Introduction of the Mediator and those present. (Advisors, solicitors, barristers, may be present/or not present, but only one person is to be a spokesperson for each party. The spokesperson above must have the necessary authority to reach a settlement that day. Each spokesperson will have approximately five to ten minutes to state their case in the presence of all those attending, to open the Mediation. The Mediator then speaks with each party alternatively, and in private, regarding the substance of the dispute, in order to evaluate the facts and search for a solution. The Mediator does not enforce his opinion, nor a settlement, he acts as a catalyst and explores the means by which agreement may be reached. At the end of the mediation, the Mediator will call both parties together when he considers that there is most likely agreement and resolution of the dispute. All findings are without prejudice and remain strictly private. The vast majority of Mediations are successful. CONCLUSIONS----BINDING/NON-BINDING. At the end of a successful mediation, each party will receive a written statement of the agreement reached. This agreement, at the request of both parties, will become a legal and binding conclusion. There are situations where, particularly with Employment Law, Tribunals have been appointed to settle a dispute. In these cases Mediation between parties can resolve the points of agreement and place the remaining disagreements in better and clearer perspective prior to the tribunal hearing. TIME. It is essential that everyone arrives and starts on time. Parties should arrange their day in order that there is no rush to leave before final deliberations and paperwork are complete. Mediations, which are allocated by some Courts, may only be given three or four hours. It is essential that procedures be conducted in a positive manner in order to complete such mediations. For most Mediations a full day is allocated and on rare occasions a second day may be necessary. VENUE REQUIREMENTS. 1. At least two, preferably three rooms, one of which must be sufficiently soundproofed to make discussions private. Tables and chairs must be available. 2. A toilet and wash facilities. 3. Electric power points. 4. Full day mediations require rooms to be available from 8am until 5pm. 5. Available car parking. 6. All persons present at the Mediation are requested NOT to use phones/mobile phones to take advice from persons not actually present at the mediation, without the consent of all other parties and the Mediator. 7. Where a full day will be required to settle a dispute the venue should have on site refreshment facilities available. 8. Access to any media requirements for the viewing of photographs, video etc. COSTS. These are by arrangement with the Mediator. They are paid equally by each party to the Mediator. Payments may also be needed to cover the costs of the venue (if there is such a cost involved). All parties are to make an agreement with the Mediator, regarding the time and manner in which all costs are to be paid, before the Mediation commences. The costs may reflect the quantum under dispute For further information please contact us.