The Mediation Process

Before the Mediation

Mediator meeting the parties to ensure they feel comfortable
Mediator establishes neutrality
Reading of legal briefs & Position Papers
Conduct Pre-mediation meetings to understand parties positions
Establish with parties who can attend the mediation-these include typically lawyers, representatives of parties, buddies (but must be disclosed to the other party prior to the mediation)
Set a date and time for the mediation. Try to estimate duration (most last one day).

During the Mediation

It is usually a plenary (all parties are present) day long mediation
Opening statements of parties
Resume of factual background and timelines (if needed)
Establish parties’ interests & concerns
May do private caucus
Brainstorming
Bringing the Parties Together
Reaching Settlement
Recording of Settlement into Binding Agreement-Agreement in Principle or Full Agreement

Additional Information

Without Prejudice

You may say what you want during the mediation and it will not be held against you. However, the Settlement Agreement is binding as any contract. Non adherence to the settlement agreement once signed, may result in breach of contract

Confidential

Everything you say during the mediation is confidential and all the parties agree to abide by confidentiality. What is said to the mediator during a private caucus will not be repeated to the other party unless a party gives permission that the mediator can do so

Ensure You can Represent

Have documentation such as a Power of Attorney or company resolution or other evidence that you can represent a party.

Courteous Behavior

During the mediation, parties are expected to act courteously and be respectful with one another. Rude behavior or bullying will not be tolerated.

A Chance to Speak

Every party will be given a chance to speak. The order in which a party speak has no significance.

Non-Interruption of other Party

When a party is speaking, the other party should not interrupt.