The Mediation Process

Once both parties have indicated their willingness to mediate, the mediation process will begin.

The mediator will meet with each party individually prior to commencing a joint session. She will do this to determine each party's perspective on the issues to be resolved and to discuss the process with the participants, and begin to identify possible resolutions.  She will also consider whether mediation is appropriate, and whether any procedural safeguards need to be put into place to address power imbalances.

At the first joint session, the parties begin by signing the agreement to mediate.  The discussions then begin.  Ground rules for communication are established, issues are identified and options are explored.

The number of sessions required depends on several factors.  Many times the parties need to consider options and seek legal advice as to the implications of their choices. They will often need to gather information that will help to identify solutions and narrow issues.

Once an agreement is reached, the mediator will draft a memorandum of understanding, and review it with the parties.  the parties will then seek legal advice prior to signing an agreement.

Lawyers are welcome as part of the process, as long as both parties agree.  In some circumstances, especially when complex financial matters are being considered, it can be more efficient to have advisors in the room. This has to be balanced with the additional expense that the parties will incur.