Mediation Process

The whole process of mediation is facilitated by a qualified mediator who remains impartial, and without prejudice assists parties in their own ideas and possibilities to end the dispute.

To the participants of the mediation:

Legal counsellors of either parties may advise to solve a dispute through mediation.

Their next step would be to propose mediation services available.

Both parties will take time to review proposed services and to agree on the one suitable mediation service.

It is a significant step towards successful mediations to end the dispute as you both opened the communication channel!

Upon the agreement to proceed with Mediation Assured, both parties will be required to complete all relevant documents that includes: pre-agreement documents, statements and confirmations of voluntary participation, authorisation documents. These documents will have to be forwarded to a mediator in order to start the process.

To the mediator:

The preliminary assessment of the dispute reveals the level of its complexity and indicates the required time period for the mediation. In the event that any extensions will be required to solve the dispute, all parties will be informed immediately. The mediator needs the time to assess the dispute, prepare a working schedule for mediation conference, e.g. availability suitable for both parties.

The mediator will write to both parties within 3 working days to propose the mediation schedule, venues, dates, times, and present summary of all charges for mediation services.

Both parties will be given time to respond (usually 1 week in advance of the date of the mediation conference) by signing pre-agreement and making payment for mediation service and preparing all necessary documents relevant to the mediation.

In case you require more time for preparation, please inform the mediator in writing immediately.

Please inform the mediator in advance if you will be accompanied by a legal representative, family member and/or friend (one person on each side is allowed), which is acceptable.

Both parties have the right to be aware of it and have an equal opportunity to do so. The personal support and the comfort of both parties is extremely important during the difficult time of the mediation process.

The mediation conference location.

Mediation process takes place in a neutral, suitable venue that provides separate rooms for individual sessions with both parties, as well as the conference room for joint sessions and other facilities.

Due to the current situation (COVID-19), various mediations are conducted via phone call and/or online via secured platforms.

If the dispute is not suitable for online mediation, it might be resolved in a more traditional way that is during a face to face meeting across the United Kingdom (Midlands and Northern Ireland), Republic of Ireland and Europe (additional costs of travelling and accommodation, if needed, will be applied).

The time of the mediation conference.

The aim of mediation is to find a suitable resolution for both parties that will end the dispute. The time to do so is unpredictable, it depends not only on the merit of the dispute, but also on dedication from both parties of the conflict. Although, the efficiency rate of mediation is high and in most cases the whole process is completed within one day.

During the mediation conference.

Please note: The same rules apply to face to face and online mediation conferences.

The mediator will conduct the mediation in accordance with the Mediation Assured Code of Practice and the EU Code of Conduct.

The initial joint session.

The mediator chairing the joint session, remains impartial and does not provide advice to either party during whole process, including:

Introduction of the parties and the accompanying person (if present)

Brief introduction of a mediator’s role.

The mediation will begin by checking signatures on all required documents: pre-agreement documents, authorisation statements and voluntary participation statements are signed.

Furthermore, the mediator will highlight and explain the confidentiality information effective during the whole process, particularly during individual sessions. Followed by introduction of the ground rules of the mediation conference, e.g. no interruptions during opening statements of each party.

Next, each party will present an opening statement including a summary of the dispute.

The mediator will summarise each opening statement and proceed to the next stage of the mediation process, parties will then be allocated accordingly: caucus sessions (individual sessions) in separate rooms or in case of an online conference parties will be switched to individual video calls.

The caucus sessions (individual sessions).

The mediator chairs individual session to clarify parties’ position statement, underlying causes of the conflict, where the parties have an opportunity to present their view of the conflict peacefully.

The mediator must keep full confidentiality during the whole process of mediations. Particularly during the individual sessions except, where the parties will explicitly express their wish to disclose some information to the other party.

The mediator will assist the parties in defining the issues involved in the dispute and encourage the parties to generate their own solutions to settle the dispute.

Please note: Any party has the right to withdraw from the mediation process at any stage.

It is difficult to anticipate how many individual sessions may be required to reach the agreement, nevertheless, once the settlement is reached the parties will be invited to the joint session.

The final stage of the mediation conference.

The mediator will chair the final session, presenting both parties with the summary of the settlement. The final agreement on the dispute signed by both parties, concludes the mediation procedures.

Please note: The final agreement, signed by both parties is a legally binding document that might be considered by the Court if not fulfilled by either of the parties.