Guidance Notes

Mediation offers a contemporary method for resolving disputes that is swift, flexible, voluntary, and confidential. Throughout the procedure, parties may represent themselves or be represented by authorized lawyers, alongside a neutral third party – the Mediator. The objective is to reach a mutually acceptable resolution which will be reflected in a binding agreement. Unlike arbitration, the Mediator facilitates dialogue but does not dictate the solution, which may be practical rather than legal, as long as it adheres to legal, moral, and public interest standards. Parties have the liberty to exit the mediation process at any point without any repercussions and are responsible for their own costs.

The mediation process typically unfolds in six key stages:

1. Mediator Preparation
   The Mediator assesses potential conflicts of interest with the parties, determines the dispute’s suitability for mediation. An agreement detailing the terms of the Mediator’s appointment is prepared.
2. Initial Presentation of Issues
   The Mediator explains the procedure and emphasizes the impartiality, neutrality, and confidentiality of the proceedings. The parties present their cases via their respective opening statements, followed by a summary and agenda setting by the Mediator.
3. Investigation
   The Mediator explores the positions of the parties through both individual and joint meetings.
4. Generating Options and Negotiation
   In this phase, discussions are facilitated to develop a mutually agreeable solution.
5. Completion
   A binding settlement agreement is drafted by the Mediator and signed by the parties, formalizing the resolution.
6. Monitoring
   The Mediator is informed for the implementation of the agreement.