A mediation is a great opportunity to resolve a dispute quickly and cost effectively. It is important to be as prepared as you can to make the most of the time available. Considering that a court case can take not months but years to reach trial, the advantage of a resolution within a day is hugely beneficial.

There are some practical tips for preparing for a mediation:-

1. Ensure you have all the information you need to make decisions on the day.

This could be taking legal advice, obtaining financial information, securing expert advice from, for example, an accountant, finding witnesses and obtaining evidence to support your case.

2. Remove as many distractions as possible on the day.

This is your opportunity to find a solution.  So whether it is putting on your out of office, arranging child care, re-arranging meetings and commitments for the entire day and evening, paying for a full day’s parking and checking when the car park closes, ensuring that there are no planned internet interruptions if mediating on-line, reduce anything that may impact on bandwidth performance. The list goes on. All of these have the potential to distract you from the matters in hand and are best prepared for in advance to ensure you can commit your attention to finding a solution.

3. Know your best and worst alternatives to a settlement at mediation.

During the mediation, you may be asked at some point to consider a settlement and compare it to your best and worst alternatives. This could be how long the case may continue if no settlement is reached, additional costs to take a case to trial, an inability to complete a project or future plans due to cash flow when dealing with the dispute in court and many more – all of these are to provide space for you to reflect upon the value of a settlement to you on the day of the mediation.

4. Understand the strengths and weaknesses of your case.

Risk assessing your position is vital. However good it seems, it is rare that a barrister will advise a client that they have over a 70% chance of success. Court cases can be unpredictable and for the very reason you have a dispute, someone has a different viewpoint and can present their thoughts on the position which may be so far removed from your own that you find it hard to believe how they reached their conclusions. But, they did and therefore it is helpful balance your position by weighing up the pros and cons of your own case.

5. Think through what your objectives are in the negotiation.

Mediation is a facilitated negotiation. It may begin with the parties setting out their legal entitlements but it moves to a commercial settlement and what the parties need and are prepared to do in order to get a deal done. Very often the judgement that would be available in the courtroom, is not the most practical for either party in practice. Thinking outside the box, being creative and looking beyond the immediate issues may open up different and new options that could encourage a settlement. Try therefore to take a step back and consider what other options could be available.

6. Take care of yourself.

Mediation can be a long and intense day. Making sure that you have a good night’s sleep beforehand, if travelling to a venue for the mediation then factor in additional time so you are not rushed. Take with you anything you need by way of refreshments for the day if these are not being provided and there will also be lengthy periods when you are potentially on your own so manage this time well; take a break and move around when you can.

The Mediator is there to provide you with the best possible chance of settling your dispute but ultimately it is your decision. If you are attending the mediation with the desire to settle the issues, being prepared, open minded and having everything you need to hand is key.

For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

There are some key criteria to consider when selecting a venue that can help a mediation run smoothly.

• Is a neutral venue preferable?

If the parties have solicitors or barristers representing them, often a mediation can take place at one of their offices. It’s often the cost effective option and therefore makes sense but there is a word of warning.

It is a false economy if one of the parties will perceive themselves to be on the others “turf” and be uncomfortable from the start. That isn’t conducive to securing a resolution and will not be in either parties interests.

The environment is important and given that there will already be tensions between the parties, increasing this with a venue that is not seen as neutral can start the process off on the wrong foot. If it can’t be avoided, take steps to ensure that both parties feel just as comfortable even if it means arranging to arrive much earlier and look around. A neutral venue has advantages providing it is equipped to handle the mediation; however with good preparation steps can be taken to even out any perceived advantage if that proves necessary. In any event, the mediation should ideally be somewhere convenient for all.

• Number of Rooms

The general rule of thumb is a room per party and one for the mediator.

The reasoning is that each party can then have their own private space for the duration of the mediation in which they can talk together and with the mediator without being overheard. This is important. The mediator generally has a room as well that is large enough to host a joint meeting between the parties if appropriate or to bring individuals together to discuss elements of the dispute. The mediator’s room is neutral and, similar to the point above, if you are to organise the mediation without a third room, there may, as above, be a need to consider how one of the parties would feel walking into the others room for a joint meeting. Territory can be relevant! Having said that there are many successful mediations that take place every day with only two rooms. It is helpful to talk over with your mediator as to what might best suit your mediation.

The rooms should also be able to accommodate those attending comfortably. If the room is tiny and everyone is squashed together, it will not help those attending to focus on the key issues in dispute. That might be seen as a good thing, but it isn’t.

• Facilities

Mediations vary in length and therefore it can be helpful for the venue to be able to accommodate the unpredictability of the process. The rooms might be needed for longer than initially anticipated and it makes it easier if you know that you can stay put if additional time is required. The alternative could be losing the good progress made and then having to re-locate somewhere else risking the loss of the momentum of the negotiations.

There should be water and drinks available and also refreshments for lunch and something in the afternoon to sustain everyone to overcome any dip in energy levels as the basic minimum. Alternatively, the parties should come prepared with food, snacks and plenty of drinks. It is not unheard of for local takeaways to be called upon to provide much needed sustenance when the process goes on after hours.

Having a good phone signal is important along with Wi-Fi/internet points, plug sockets for charging laptops and phones. A printer and/or copier is also very helpful. It can be helpful for each of the rooms to have a flip chart or white board and pens available.

If the mediation is taking place in the summer, having air conditioning is likely to be appreciated to keep everyone comfortable. Ensuring that the rooms are warm enough in the winter is of likewise importance.

If you have parties that are particularly acrimonious, it can be necessary to consider separate entrances to your venue or agreeing arrival times and also checking whether toilets facilities are in separate areas just so there is the reassurance of knowing that there is no risk of bumping into each other.

Having parking at the venue or nearby is also really helpful. It is also worth checking if using a public car park when it closes! Good transport routes may also be relevant to those attending.

• Venue Options

There are venues that cater very well for mediations and promote themselves for this purpose. It is always important just to check that they do meet your needs. Alternatives are meeting rooms at hotels, conference venues, corporate boxes at sporting venues and community centres to name just a few.

Always make sure on arrival that you have a means of contacting the manager or event co-ordinator on the day in case there is anything you need.

For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

No, the mediator will not force you to reach an agreement.

A mediator’s role is to help the parties in dispute to communicate and find a settlement that each party can live with and move on.

A mediator holds a unique position. Everything said to the mediator is confidential. This means discussions you have with the mediator will be kept private and not passed on to anyone else without your agreement and this enables the mediator to work with you considering all of your options throughout the mediation process.

Your meetings with the mediator may include negotiation tactics, possibly some coaching on how best to proceed as well as assisting you in considering what the alternatives are if a settlement is not reached. The mediator will work hard to ensure that you have the best possible chance of finding a way forward and a solution when you commit to the process.

The benefits of mediation

Whilst settlements cannot be guaranteed, settlement rates at mediation are high. The process is flexible and in fact, the parties can find terms to agree that are best suited to each of them and not limited to those that a court might order as appropriate to the circumstances in law. This can be hugely advantageous offering flexibility in solutions and even payment terms.

Mediation provides you with more control not less. You make the decisions as to what to do, what to offer and if and when to settle. This will not happen in court nor adjudication. The mediator can be your reality check throughout and facilitate the communication and offers between the parties involved, making it easier to manage negotiations.

If you want to find a way forward and have a process that is quicker and cheaper than going to Court, mediation could be your answer.

For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk