Mediation Process

To commence a commercial or civil mediation, all parties involved in the dispute must first agree that they want to find a resolution via the mediation process, it is not uncommon that one or more of the parties to refuse to mediate. In these situations it is possible for the Mediator to be requested, by the party wishing to mediate, to contact directly and liaise with the other party(s) to investigate if a mediation is possible. The Mediator will ensure strict independence and impartiality is maintained. The aim is always to facilitate a dispute resolution and not to be an advocate for one party..

We recommend the DRAM (Dispute Resolution Assessment Meeting) option is undertaken. This is a free service to obtain an understanding of the dispute, and its circumstances, and ascertain if mediation is appropriate. The Mediate will agree with the parties what type of mediation - face-to-face, video conferencing or telephone shuttle. 

Once an agreement to mediate is established the Mediator will require the Agreement to Mediate to be signed by all parties or their representatives prior to the commencement of the mediation.

The meetings with the mediator, whether in person or online,  can be joint sessions (plenary) with all parties and/or separate single meeting(caucus) as considered appropriate by the mediator.

The parties present their own views, opinions and feelings.

The parties share and clarify information, gradually developing a clearer and broader picture of the dispute.

The parties move into problem-solving, talking about what they want to change, weighing options, and making decisions.

No agreement is reached until the parties make a written record what is agreed and signed by all parties.