Face-to-face mediation
If the session is a face-to-face mediation, the parties will start in separate rooms, where the mediator will listen to the positions of each party and move between the two rooms to firstly establish the facts of the matter and then move the parties to a position where each understands the other’s position.
Once understanding has been reached, the mediator will then work with the parties to address points of conflict and move towards a settlement. This may entail physically bringing them together into the same room.
Telephone or Skype mediation
In the case of telephone or Skype mediation, the calls will be help with each party separately, then all brought together at the appropriate time.
The mediator’s role
The mediator’s role is to bring the parties to a settlement, whilst always remaining impartial and unbiased. He or she works for both parties equally. Commercial mediation will normally be completed within one session, which may last from a few hours to a whole day, possibly going into the evening.
Settlement and agreement
Once a settlement has been reached, an agreement will be drawn up to be signed by both parties. Depending on the nature of the dispute, the agreement may be the final document, or, in a more complex matter, may be the top-level agreement and the steps to be undertaken to complete the final agreement.
The agreement made at the end of the mediation session is legally binding on the parties.