In terms of the process, mediation is quite flexible which means the mediator will facilitate the mediation but the final decision is made by the individual parties involved.
Generally a mediation sessions requires a minimum of one room per participant and ideally a ‘common’ room where all parties can come together in what is called an 'open session' when required.
It is good for all participants to come together at the start of the mediation in order to go over and agree the order of the day, sign the mediation agreement and read initial statements of the dispute but as it is your mediation this is not compulsory as it requires all parties to agree at the start.
If everyone is not in agreeance then the mediator will go through this process with each party in turn in their separate room.
After the initial formalities i.e. signing the mediation document and agreeing how the day will run, the mediator will give each participant the opportunity to state their position within the dispute.
Once all parties have done so, they and their representative if they have one will retreat to their room for the mediation process to begin.
The mediator will spend their time moving between each room finding out what they see as the stumbling blocks and listening to how they feel the dispute could be concluded.
The job of the mediator is to help all parties close the gap between what they each feel is the right conclusion.
More than 75% of mediations will conclude within an eight hour session, occasionally if the mediator sees time is running out but feels a settlement is close they may suggest a one hour extension to get an agreement.
Once an agreement has been reached, where necessary a heads of terms agreement will be drawn up for each party to sign and give their solicitor to draw up a legally binding agreement.