During the mediation, the following will usually happen, but not always in this order:
- laying out of rules
- each party briefly tells the mediator their side of the matter
- the parties are given an opportunity to discuss the issues with each other
- the mediator may draw up a list of the issues and these may then be ranked in order of importance by the parties
- the mediator may have the parties withdraw into separate rooms and the mediator will talk with each party privately and confidentially
- anything that is said in either room is not communicated to the party in the other room except with the permission of the party concerned
- the mediator may move between the parties, communicating offers made by the respective parties
- after the separate discussions, the parties will come back together for further discussion
- if a settlement is reached, the mediator may draw up a Terms of Settlement document in consultation with the parties and this may be signed by the parties or form the basis of a Terms of Settlement drafted by the parties’ respective lawyers
- each party receives a copy of a document setting out what was agreed in the mediation.
If either party attends the mediation as a representative of others, then that party needs to have full authority (in writing if necessary) to agree to terms of settlement on behalf of everyone they represent.
Parenting Family Dispute Resolution