Guide to mediation
This note provides general guidance with regard to mediation and identifies those matters that ought to be considered in advance as part of a strategy for achieving a successful outcome. For further information please contact Ed Weeks.
What is mediation
Mediation is a process in which a neutral third party leads a structured negotiation with the aim of assisting parties in a dispute to achieve a negotiated settlement.
The neutral third party is called the mediator.
Mediation is conducted on a ‘without prejudice’ basis. This means that the matters discussed in the mediation, or documents produced, cannot be shown to the court or otherwise employed in any litigation between the parties.
Unlike in litigation the parties and their advisers remain in complete control and ultimately decide whether and how a case will be settled. Any party to mediation can bring the mediation to a halt at any point, should they choose to do so.
FAQs about mediation
- Undertake a risk analysis of the case.
- Prepare a mediation statement.
- Decide who will give the oral opening statement.
- Agree the format of the opening statement.
- Decide on your opening position.
- Come to a view on the parameters within which settlement is possible.
- Ensure that whoever attends the mediation has authority to reach a settlement.
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