This model of mediation is regularly practised in commercial disputes but it can also be used in personal or family disputes. It can be very effective in resolving complex cases and avoid the need for a final court hearing.
The mediation usually takes place on one day only – often lasting the whole day.
You and your partner are usually, but not always accompanied by your lawyers: solicitors and barristers.
Most of the preparatory work is done before the day, so that the areas of agreement and disagreement are clear and position statements are exchanged.
The negotiations are conducted using a combination of joint meetings (involving both of you, your lawyers and the mediator) and individual private meetings of the mediator with each of you. The mediator manages the process in the way s/he thinks will work best for your particular case.
If a resolution is reached, your solicitors will draw up an agreement (usually a consent order) and at that point the agreement becomes open, although still subject to the approval of the court in family cases.
It is important that the mediator has an appropriate accreditation (e.g. from CEDR/ADR group). The mediator does not have to be a family lawyer, although that is likely to be very helpful in a family case. All of our mediators are qualified family lawyers.
The key to success in commercial mediation is the fact that the mediator is able to hold confidences from each party – and so is in a unique position to assist with achieving a resolution. That does not happen in any other dispute resolution process.