It can vary in detail, but in broad terms:
- prior to mediation the parties will exchange case summaries and supporting documents with one another, with copies to the mediator;
- the mediator will introduce himself (or herself) to the parties, probably by phone, and ask that they ensure they are represented by someone with authority to settle;
- the mediation itself will start with a joint meeting, at which the ground rules will be set out, and each party may make an opening statement outlining the key issues;
- there will then be private meetings, in confidence, with the mediator trying to establish what each party would value, and what they really think of the strengths and weaknesses of their case;
- the mediator will go to-and-fro between the parties, revealing no more than he has been authorised to do, but endeavouring to bring the parties gradually closer together;
- there may be another joint meeting, to establish how far the parties have moved;
- given success, the mediator will then put forward the agreed solution. If this is accepted, the agreement will be drawn up. Once signed, this is binding.
