What to Expect
in a Mediation

What to Expect in aMediation
Before the Mediation
The parties are expected to exchange case summaries andsupporting documents with each other and the mediator at least
one week before the mediation.

+7 Days

These documents should be:•••••

Delivered to CEDR at least seven and preferably 14 days before the mediation.
Length should vary from 4-10 pages for straightforward matters to 20-25 pages in a more
complex matter.
Papers should aim to educate the mediator and persuade the other party to negotiate.
Papers should not be a trial advocacy brief, nor bundles of pleadings, witness statements orfootnotes supporting a brief submission.
Additional core documentation can be given if it adds to the mediation submission rather
than replaces it.

A submission should cover:
Factual summary
Short statement outlining type ofwork/business of your party
Chronology of events, if relevant
Dramatis personae, if relevant

The mediator will introduce him/herself
to each party or their legal representative
before the day, usually by telephone.
The mediator may ask questions about thedocuments received and will check thateach party will be represented by someone
with the requisite authority to settle.

Outline of the legal issues
Outline of the factual issues
Identification of common ground anddifference
Chronology of negotiation history up
to last offer
Court/arbitration timetable, should
dispute remain unresolved
Glossary of technical terms, if relevant
Schedule of key documents, indexed
and paginated

The mediator will reinforce that their role is
not to propose or impose any solution, but tomake negotiations easier. The mediator mayalso ask the parties to begin thinking about
their commercial interests in the dispute,
rather than the purely legal arguments.

What to Expect in aMediation
At the Mediation
There will be a room large enough to seat all
participants in the mediation and this will be
used for joint meetings. In addition, each party
will have their own room and this will be used for
private meetings with the mediator.
It is CEDR‘s policy for an observer mediator toattend each mediation where possible and whenagreed by all parties. Every observer mediator
is a CEDR-accredited mediator and can provide
valuable assistance to the mediator and parties.

Beginning the Mediation
The mediator will often begin with informal introductions in the parties‘ private rooms. Then,ordinarily, the mediation will begin with a joint meeting.
At this initial joint meeting, the mediator will establish ground rules for the day, reaffirming thestrict confidentiality of the mediation and asking each party to respect the rights of the otherside(s) to be heard.
The mediator will ask each party to make an opening statement. This is a summary of the key
issues making up their case, not a summary of the documentation. It will often be the first timeeach party will have heard the other‘s point of view first-hand. The opening presentation can bemade either by the lawyer or party representative, but we recommend the business principals
become involved from an early stage.

Informal
Introductions

Establish
ground rules &confidentiality

Openingstatements

What to Expect in aMediation
Private meetings
Following the joint meeting, the mediator is likely to invite the parties to go to their privaterooms where the mediator will spend time talking with them in confidence. During this time themediator will ask the parties about their expectations and will ask them about the strengths andweaknesses of their case (reality testing).
It is important to remember that nothing will be repeated to the other party unless the mediator
is given express permission to do so.
You should be prepared for long periods of waiting, while the mediator is talking to the other party.
Sometimes the mediator will set a task, such as re-assessing risk analyses or testing alternative
solutions in the light of developments that have emerged during the day.
Sometimes parties become concerned that the mediator is spending ‘too long‘ with the otherparty. Don‘t worry – this is natural. It can be a sign of progress. Parties can also feel that progress isvery slow during the early stages of the mediation session. This is also natural and the mediation
will gather momentum as parties come closer to an agreement.

Joint meetings
The mediator may decide that
progress would be made bybringing the parties together
again.
At other times the mediator may
suggest bringing together justthe lead negotiators or lawyers orexperts to change the dynamics
of the mediation and bringspeedier progress.

What to Expect in aMediation
Settlement
A settlement is reached when the parties come to an agreed solution. The lawyers present
will draw up an agreement which, when signed, becomes binding. It’s therefore essential thateach party is represented by someone with full authority to settle the dispute.

Non-settlement

After the Mediation

Disputes which do not settle on the day ofmediation can often settle shortly afterwards
via fruitful face-to-face negotiations as aresult of the negotiations during the courseof the day and the momentum gathered.

The mediator will contact the parties tocheck that there are no loose ends. CEDR
will also be in contact for feedback on themediator‘s performance and the service
provided.

In the event of non-settlement, it’s likelythat the mediator will ask the parties‘
permission to contact them within thefollowing week or two. Further progress
can usually be made once the parties have
had time to reflect on the issues that haveemerged during the mediation.
Where parties cannot reach a settlement,
they can leave the mediation and pursue
arbitration, litigation or any other dispute
resolution procedure. Nothing said or donein the mediation can be referred to outside
the scope of the mediation.