You, the other party and the mediator meet at a neutral
location where the group has the use of three rooms. While
there are well-established guidelines for mediation, the process
is flexible to suit both parties.
One way to proceed is for you and the other party to stay
in separate rooms and for the mediator to move between you
both, conveying each of the ideas and points of view to the
An alternate process is where the mediation starts with a
face-to-face discussion. In our experience, this approach
works very effectively.
The mediator sets the tone for the meeting and then asks each
party to outline to the other how they see the issues in dispute.
Once this part is complete, the process is flexible again.
Everyone can stay together to continue the discussion with
the aim of resolving the issues in dispute.
However, if the parties would rather move into separate rooms
at this stage, the mediator facilitates the discussion by
going between them, passing suggestions and clarification.
The role of the mediator is to help both parties decide their
own terms of the agreement.
What is the outcome?
When you and the other party have decided how you want to
resolve your dispute, the mediator helps draw up the terms.
Once signed, this becomes a binding agreement and when the
terms are fulfilled, the dispute is at an end.
is a very worthwhile process and much more preferable to arbitration,
adjudication or indeed going to court where the outcome can
often be uncertain or even illogical. Mediation is also
very cost effective compared to other dispute resolution methods."
Eriden Properties LLP