The Procedure
Before Mediation
Before the mediation there will be email communication between the mediator and the parties (or their representatives) identifying:
- The subject of the dispute
- The likely time of mediation (usually one day)
- Date and venue, and
- The documents required to be read by the mediator prior to the mediation date
During Mediation
The mediation format enables parties to talk to each other in a safe and structured way. Discussion can be undertaken personally, through representatives/lawyers, or a combination of both. The choice is yours.
Parties are also able to meet privately with their lawyer and the mediator during the day. The venue will always have separate, private meeting rooms for this purpose.
When a settlement is achieved, it is recorded in writing in a legally binding agreement, which is drafted and signed at the end of the mediation (“Settlement Agreement”). Once the Settlement Agreement is signed, the mediation is over.
A Settlement Agreement is enforceable by the courts if a party fails to comply with the obligations they have agreed to.