Mediation aims to help all parties work together in order to come to a mutually agreeable solution. Through a combination of joint sessions and separate caucuses, a mediator will assist both sides in clarifying the issues, understanding both parties’ positions and reaching a resolution.
The first step is for one of the parties to submit a request for mediation through their chosen provider. The other parties will then be contacted to assess their interest in participating. Parties may send through all or some of the issues they wish to address in mediation. Mediation staff should then explain the process and help the parties come to an agreement to mediate. The process begins once all parties agree.
Once the mediation process has begun, the parties will select a mediator from a list issued by their mediation provider. This list may include subject-matter experts consistent with the parties’ needs. Parties who wish to select a mediator not on the list will have to submit a special request. Once a mediator has been chosen, each party will be required to sign a mediation submission agreement.
Mediation sessions may take place in person, by video call or over the telephone at a set time and date; however, all parties must consent to the arrangements. A single session may be all that is required to reach a resolution, or several sessions may be needed. Sessions generally last between several hours to a whole day.
Before the session, the mediator will request information related to the case. The first part of the session will usually be a joint session in which all parties are in attendance. The mediator may explain how the process will go and outline each party’s responsibilities. Each party will present their issues to both the mediator and the opposing party for discussion.
The mediator may utilise separate caucuses in which each party has a private meeting with the mediator to discuss their options. The mediator will facilitate the sharing of settlement offers and help each party come to an agreement.
Most mediations end with a settlement between the parties. If settlement is reached, all parties must sign a formal settlement agreement to make it enforceable.
If the parties do not manage to settle their dispute, they are free to try alternative methods such as arbitration or a court trial, or reattempt mediation later on.
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