MEDIATOR FACILITATES AND STRUCTURES THE PROCESS AND THE PARTIES ARE IN CHARGE OF THE OUTCOME
Mediation is a flexible process, in which the mediator works with the parties to help them come to a workable solution.
Once the mediator is appointed, she works together with the parties to agree on how the mediation is to run and the mediation agreement is put in place. Mediator’s position is neutral and her role is not to impose a decision, but to help parties reach an acceptable solution. Prior to the mediation, the parties exchange statements setting out their case, which are shared with the mediator.
The mediation session opens with an initial meeting in which the parties and the mediator sit down together, and the parties present their opening statements. The mediation continues through a series of private meetings between the mediator and each of the parties. During this phase, the mediator works with each party to explore their case and discuss potential solutions The mediation continues with private and group sessions until either a settlement is reached or the mediation is terminated.
The parties agree on the duration of the mediation session before the mediation commences. It is common for a mediation process to last for a day, however, the parties are free to agree on a longer or shorter period as well as extend the initially agreed period during the process.
Once the participants reach an agreement on all issues, the mediator confirms with the participants the precise terms of the agreement. The agreement is then put in writing by the legal advisors of the participants and is signed in the presence of the mediator.
The costs of commercial mediation are comprised of the mediator’s fees, mediation costs (including the costs of hiring the venue, refreshments, etc.) and the costs of each side’s legal advisors (if the parties choose to be represented by the legal advisors). It is common for the parties to agree to split the mediator’s costs evenly and for each side to cover the costs of their own legal advisors.