What to expect from the Mediation

The procedure for an online Mediation session is not set in stone but the following is a brief summary of what to expect:

Introductions  - each participant will introduce themselves and the Mediator will then explain the procedure for the day and any “housekeeping” issues

Opening Statements - Each party will briefly explain the background to the issue(s) to be addressed during the session from their perspective.  They will also set out what they are hoping to achieve by the end of the session.

Open Discussion - the Mediator will then lead an open discussion around the issues, with the aim of setting an Agenda to ensure all relevant points are covered during the session.  Any areas of common ground should be identified at this stage.

Private (caucus) meetings - parties will then be separated into their own Zoom “breakout” rooms in order to have a private, confidential conversation with the Mediator.  A more detailed breakdown of the issues highlighted on the Agenda will take place and each party can suggest potential proposals and compromises that they may wish to make.  Unless specifically requested to by the party, the Mediator will keep everything said in this meeting confidential from the other Party.  To retain impartiality, the Mediator him/herself will not make any suggestions/proposals/offers but he/she will sometimes play “devils advocate” and ask some probing and challenging questions in order to move the discussion forward and dig deeper into potential areas of common ground.  At the end of this session, it is often the case that the party will ask the Mediator to take their written initial proposal/offer to the other party.  At this stage the Mediator will leave the room and enter into the other party’s breakout room to communicate the offer and give the other party exactly the same amount of time to have a similar confidential conversation with the Mediator.

It can be the case in some mediations that the Mediator “shuttles” between the breakout rooms on a number of consecutive occasions to communicate offers and counter-offers between the parties.  The Mediator will usually make their own notes during the entire process which will be securely destroyed at the end of the process. At no stage will the Mediator express a view and opinion or judgement on the merits of any of the offers as the Mediator has to be impartial at all times. 

Second open discussion - whilst this is not always the case and depends on the progress of the mediation, a second open discussion then commonly takes place.  This may either to be to go over the solution which has been reached, or to explain that despite the efforts of all parties a resolution could not be found.  If a settlement has been reached the Mediator will ask that one of the Parties or their representatives draw up the settlement Agreement which should then be exchanged and signed virtually (the Mediator will explain how this can be done).