Mediation Services

Disputes & Debts

What are the stages of mediation?

In general, in most formal mediations there are usually 6 steps or stages;

  1. Introductory remarks
  2. Statement by the parties
  3. Information gathering time
  4. Identification of the problems and issues
  5. Negotiation and generating options, and;
  6. Reaching and concluding an agreement.

Introductory Remarks

The mediator will wait until both parties are present and then make introductions and will then give an opening statement. This outlines the role of the participants and emphasises the mediator’s neutrality. This session is often referred to as a Plenary Session where everyone involved is together in the same room.

Some mediators will make comments about what they see as the issues and confirm the case facts if case summaries have been submitted by the parties. Next, the mediator will define protocol and set the time frame for the process. Mediations can be short over a morning but are often all day and can run into several days in more complex cases. There will be a review of the mediation guidelines and the mediator will briefly recap what it is that he has heard as the issues.

The opening statement during the introductory remarks will set out the ground rules for the mediation. These ground rules are what help the mediation move along smoothly. The mediator will usually ask that if lawyers are present, they can confer, but will often encourage the clients to speak for themselves if they wish.

Statement of the Problem by the Parties

After the opening statement, the mediator will give each side the opportunity to tell their story uninterrupted. Most often, the person who requested the mediation session will go first. The statement is not necessarily a recital of the facts, but it is to give the parties an opportunity to frame issues in their own mind, and to give the mediator more information on the emotional state of each party. If there are lawyers present who make the initial statement, the mediator will often then ask the parties themselves to also make a statement. The rationale behind the parties making statements is not a search for the truth but it is just a way to help solve the problem.

Information Gathering

The mediator will often ask the parties open-ended questions to get to the emotional undercurrents. The mediator may repeat back key ideas to the parties and will summarise often.

Problem Identification

The mediator may decide to hold private sessions with both parties in order to move the negotiations along. The goal of the session is to find some common ground by exploring lots of options and to bring about possible solutions for the parties to think about. Parties can also entertain alternative solutions to their problems without committing themselves to offer the solutions as concessions. These discussions are confidential and the mediator will not disclose anything that is discussed in this private meeting to the other party without authorization.

Negotiation /Reaching an Agreement

Methods for developing options for settlement may include group discussions with all the parties present, discussion groups or subgroups, developing hypothetical plausible scenarios, or a mediator’s proposal where the mediator puts a proposal on the table himself and the parties take turns to address and or modify it.

Once the parties are committed to achieving a negotiated settlement, the mediator may propose a brainstorming session to explore potential solutions. This can lead to a final agreement which will be committed to writing and signed by the parties which will in most cases be in full and final settlement of the claim or dispute as a whole.

Contact us

If you’d like to chat about your concerns relating to disputes or mediation and for our free initial advice, please call Freephone 0800 294 4410.

 

Disputes and Debts

Services for You

Services for Business

ellie cliffe day in my life as an apprentice solicitor
Latest News

Day In My Life As A Solicitor Apprentice

18/04/2024

Read Ellie Cliffe's blog post for more information.

What happens at mediation by Katy Rider banner
Latest News

What happens at mediation?

06/10/2023

Mediation is a way of settling disputes. Our senior associate solicitor Katy Rider explains everything you need to know about the process.

What should the executor be doing and what can I do if they're failing banner
Latest News

Everything you need to know about the role of the executor

23/05/2023

What should the executor - usually appointed by a will - be doing and what should you do if they're failing? Senior associate solicitor Katy Rider explains in her latest blog post.

Another succesful prosecution of animal neglect
Latest News

Another successful prosecution

15/05/2023

We have prosecuted yet another family for failing to look after animals in their possession. Paul Ridehalgh prosecuted in court on behalf of the RSCPA.

Get a Residential Conveyance Quote

Need a quote for a residential conveyancing transaction? Try our quick and easy residential conveyancing calculator;

Pay your bill online

Easily pay your bill with us online through our payment portal. Secure and quick card payments through our payment provider World Pay.

Stay in Touch

Stay in touch and up to date with our new focus newsletter

    Man using a laptop to access Marsden Rawsthorn's website

    Contact Us

    Please complete the contact form, and we will get back to you as soon as possible.

    Office Addresses

    3-4 Faraday Court
    Faraday Drive,
    Fulwood,
    Preston,
    PR2 9NB
    Opening Hours: Monday - Friday:
    9:00am to 5:00pm
    Office 21a,
    Strawberry Fields Digital Hub,
    Euxton Lane,
    Chorley,
    PR7 1PS
    Opening Hours: Monday - Friday:
    9:00am to 5:00pm