Collaborative Solutions mediators are dedicated to helping you resolve your dispute in the most relaxed, flexible and economical way possible, whether in person or by video conferencing. Mostly we find the following structure works well although variations are possible wherever appropriate:
⦁ Initial conversations with each participant and the mediator by phone
⦁ The mediator reads written summaries and relevant documents sent in by both participants
⦁ In consultation with you both, the mediator agrees a date for the mediation and a venue which will have one space suitable for open sessions and two private spaces for private sessions (caucuses). If you are in a mediation which is happening via video conferencing, it will feel very much the same, with a screen where everyone is together, and private screens where you and the mediator can speak in complete confidence. The process is very user-friendly and will be fully explained to you before you start.
⦁ The mediator and both participants sign our standard Agreement to Mediate
⦁ The mediator’s fees and any costs agreed in advance are shared 50/50 between participants and paid two days before the mediation
⦁ On the day, the mediator will welcome and talk to both participants separately about the process and the way mediation works
⦁ In open session the mediator will check any advisors or additional people present have signed a confidentiality agreement which can be done there and then.
⦁ The mediator invites participants to introduce themselves and summarise their interests in the dispute
⦁ The mediator remains impartial throughout and will not give advice or express an opinion about who may be right or wrong
⦁ In both open and private sessions* the mediator will help the participants examine their feelings about the dispute, their expectations from the mediation and help evaluate risks, encourage negotiation and facilitate honest discussion which leads to better understanding and generates ideas leading to settlement
⦁ At the end of the mediation if the participants have settled their dispute, they will together write and sign a settlement agreement which is legally binding
We may ask you if you agree for your mediation to be joined by an observer for quality or training purposes. Any observer will have signed our confidentiality agreement and will not participate in the mediation process in any way. You do not have to agree to having an observer unless you wish to do so.
*Under some circumstances, the mediator will work only in private sessions with participants who do not wish to be in the same room
Collaborative Solutions offers mediation by telephone or video conferencing where one or both parties cannot attend the mediation in person and conditions are appropriate
Contact us to find out more and talk through how mediation could work for you