Format of Mediation
Being an entirely flexible process, there is no prescribed format or procedure but, generally speaking, the format is as follows:
- The proposal to mediate is discussed amongst the parties and their agreement obtained.
- A mediator is agreed upon by the parties.
- The time, place and cost of the mediation are agreed.
- In most cases, preliminary meetings or discussions take place to identify the broad issues, discuss the proposed timetable for preparation, decide who should be involved and what documents and evidence should be made available to the mediator.
- On the day of the mediation, the parties, often with their respective solicitors and sometimes with their respective expert witnesses, meet with the mediator at the appointed venue. The mediation may start with a joint session at which the parties are given an opportunity to present matters as they see them.
- The mediator then holds confidential private sessions with each party and their solicitor, convening further joint sessions when appropriate.
- Once terms of settlement are agreed, they are incorporated into a brief written agreement which is signed there and then. The agreement constitutes a new and binding contract between the parties.
Please contact Alan Eadie awe@bto.co.uk / T. 0141 221 8012 to find out if mediation is appropriate for any particular circumstances or to find out more about mediation in general.