To the extent possible, the parties rather than their advisers, will do most of the talking. Once the parties consent to a mediation, the next step is for the mediator to arrange a preliminary meeting. The parties will also agree what information will be exchanged prior to the mediation. At the preliminary meeting the parties will be asked to sign a mediation agreement. The agreement sets out the process, and deals with other issues such as the costs involved and how confidentiality will be maintained.
Mediation works well for large multi-party disputes and can deliver binding outcomes.
The question of authority needs to be addressed for any party which may want to be represented by a single spokesperson. Often in disputes it is appropriate to invite other parties to join, if the result to be agreed may affect them. All joined parties are asked to sign the relevant agreement, so the result of the mediation process binds them. Circuit Breaker has a number of options available to parties. If they cannot agree on the issues, they may be able to agree on a process going forward.