Mediation Day
On the mediation day itself, the mediator usually meets privately with the parties, in their respective rooms, at the outset. Thereafter, at some stage, one or all parties (and/or their advisers or representatives) may make a short presentation in a meeting attended by some or all of those who are participating. The mediator usually then spends time with each party (and their advisers or representatives) in private meetings.
However, the whole process is flexible - the mediator will work with those involved to address their requirements and make the best use of time. In some mediations, the mediator will meet separately with the individuals concerned prior to a day when everyone meets in the same place.
Private meetings enable the mediator to explore the issues with the parties in a confidential setting. As the mediation day progresses, the mediator seeks to help the parties to look towards possible solutions. It is possible for the parties (and/or their representatives) to meet together jointly at any time. Sometimes, these meetings take place for the first time later in the day. Occasionally, the parties do not wish to meet together at all and this can be accommodated with the mediator moving between the parties throughout.
When agreement is reached, a written contract is often drawn up (usually by the parties’ legal advisers, if present) and signed. You can find a copy of Core’s suggested Outline Resolution Agreement here. In many mediations, this is done on the day and signed at a meeting attended by all concerned, if parties are happy to proceed that way. In some situations, an Agreement may be finalised after time for reflection and for legal issues to be formalised or legal advice obtained.