“Steve is considerate and respected our positions on the day“


Some of the potential benefits of mediation include:


The day is flexible and the mediator will try to plan and structure the day.

There are 4 phases.

  1. Opening Phase:  The mediator address all parties together setting out the process for the day and dealing with any questions. In the joint meeting the Mediator will make an opening statement and each party will be invited to state their case and their perspective and highlight any issues of concern. This is not mandatory, in fact nothing is, but it is useful for the parties to address the other side directly and talk to them. This may seem daunting but the opening session is very useful for setting the tone of the mediation and a good opportunity for the parties to state their position and understand the position of the other side. Issue can be defined and issues /agenda can be identified.
  2. Exploration Phase:  The mediator meets each party in total confidence. Any information given to the mediator will not be disclosed to the other side unless authorised to do so. The aim is to identify each parties key concerns and needs and interests. This is a challenging time but if all parties engage then is very interesting and useful. Discussions will take place regarding strengths and weaknesses of individual positions. It is the confidentiality of the process that allow this to happen.
  3. Negotiation Phase:  This is a very interesting phase where the parties have to see where they can agree on matters and see if a settlement can be made. This will result in offers made and refused and accepted. Making an offer is not a sign a weakness but a commercial decision taking into account the legal issues, the values and the needs of the parties. The mediator asks the parties for their views as to how it can be settled.
  4. Settlement Phase: If the negotiation phase is successful and an agreement in principle for resolving the dispute is reached then it’s time to draft a settlement agreement. Mediators will make sure that the issues in dispute are covered and that the terms of the settlement are clear and that each party is satisfied. The settlement should be reduced to writing to ensure that it is binding and signed by the relevant parties.

Whilst the day is challenging but  if all parties engage then the beauty of mediation is that BOTH parties agree on how this matter should be settled and avoid litigation  and when issues have been settled both parties can move on and create value and certainty.

Certainty cannot be achieved in proceedings until judgement is given and that means one party wins and one party loses. Mediation avoids this.