About the Mediation

A D Parbery

The comments at this website apply to Anthony David Parbery. If you are considering a mediator other than Anthony, you need to enquire about the other mediator's process and requirements.

Preliminary Conference

A Preliminary Conference is normally held on a date earlier than the Mediation.

The purpose of the Preliminary Conference is to cover matters including:

• Explanation of the process;
• An opportunity to reach agreement about the way in which the process is to be conducted;
• Whether mediation is appropriate and whether variations are required;
• Preparation by the parties
• Who will attend the mediation - names and roles;
• Whether information needs to be exchanged;
• Procedural issues;
• Confidentiality;
• Authority to settle;
• Agreement to mediate;
• Mediation venue;
• Mediation date and time;
• Outline of dispute;
• Outline of any concerns;
• Costs; and
• Any special matters to be considered;

The Mediation

The mediation normally proceeds as follows, however variations might occur.

Mediations usually take at least 3 to 4 hours but can take much longer.

The parties, their advisers, if any and the mediator meet together and the mediator makes an opening statement covering procedural matters and outlining the process.

This is followed by each of the parties making opening comments outlining their positions.

After all the parties have spoken, the mediator will provide an oral summary to ensure that the mediator has heard and understood what has been said.

Next, an Agenda, with topics to be discussed, will be set by the mediator.

The parties will then each be given an opportunity to explore the issues without attempting to reach a resolution and will be encouraged to address each other.

At an appropriate time each party will, in the absence of the other party, attend a private session with the mediator.

At the completion of the private sessions the parties will attempt to reach their own agreement on the matters in dispute.

There may be one or more further private sessions, but usually not.

Agreement

Hopefully during the mediation process the parties will reach agreement on the resolution of the matters in dispute.

If the parties have their solicitors present then the solicitors will normally be required to draft any agreement document, usually to be signed at the mediation.

If the parties do not have their solicitors present then the parties present will need to draft any agreement document, usually to be signed at the mediation.

It is therefore critical that those present at the mediation make certain beforehand that they have authority to participate and to enter into any agreement that is reached.

 

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