How It Works
What happens if parties wish to consider using mediation?
- Contact Core to discuss whether the circumstances of the matter are appropriate for mediation.
- Core will provide information on mediation and how it works. We will help you decide whether or not to proceed with mediation, including the likely costs, timescale and preparation.
- If all parties are not yet agreed, Core will approach the other party or parties, if asked to do so, to inquire if they will agree to take part in mediation. In some cases, it can be helpful for an independent provider to make this initial approach. This can be done without cost or commitment.
- If parties wish to proceed, a date and venue are chosen, fees are agreed and the Mediator (and, often, an Assistant Mediator) is selected. This is always done in consultation with all parties.
- Core will arrange a meeting or meetings (or telephone conference call) prior to the mediation day with solicitors or other representatives, or with the parties themselves, to discuss and clarify how mediation will work, who should attend and to deal with practical matters and the preparation which can usefully be carried out. Often this helps those concerned to identify and begin to refine the key issues.
- Core will organise an exchange of information between the parties which will normally include summaries of the parties' views of the issues (it can be helpful for these to include identification of options for the way forward) and all documents which may be relevant to helping resolve the matter. These will also be provided to the Mediator and Assistant.
- Core will draft and circulate an Agreement to Mediate which, once revised and approved, will be signed prior to or on the mediation day. (Alternatively, in less formal matters, a letter will be used to cover the main points - see an example here).
- Mediation takes place on the date and at the time specified in the Agreement to Mediate. The process usually takes a day but occasionally it is useful to break and allow reflection overnight or for a day or two before resuming and finalising an agreement. Core will provide continuing support as parties seek to finalise arrangements.
- The Mediator will assist the parties and their representatives to draft a Resolution Agreement, if appropriate.
- After the mediation day, Core will offer further support for the parties as they finalise arrangements or seek to resolve any remaining issues. Core will also encourage feedback on all aspects of the mediation.
- Mediation is a continuing process from the first engagement through to the signing of any agreement and any necessary follow up. We seek to support those involved throughout.