Mediation Process
The Mediation Process is entirely voluntary, confidential and provided by a Mediator who is a neutral facilitator, with no preconceived view or judgment about the parties respective circumstances. From 22 May 2024 Mediation is now mandatory for small claims track claims. Mediation works in situations where there is a dispute which does not necessarily need to be when legal proceedings have been started. Patricia fully understands from her experience that conflicts can be stressful, and highly emotionally charged. Patricia works with each party equally, without any favour, to ensure that individual needs and concerns are heard and addressed. Patricia's goal is to help all parties move forward with a sense of peace and resolution.
Stage 1
Pre-Mediation Preparation
An understanding of each parties' circumstances and position in the dispute is an important part of approaching mediation for Patricia to learn about before the mediation sessions begin. The parties will be invited to submit all relevant information and evidence well in advance of the first mediation session. This will include full disclosure from each party on what their issues are and what they want to achieve from the process; this is usually involving a written process of setting out a position statement.
Stage 2
Engaging in Mediation
The parties will be introduced to the Mediation process by Patricia. She will explain at the opening session, the rules of confidentiality and mutual respect to be upheld throughout the entirety of the mediation process. Each party will, if they so wish, present their position to Patricia and the other party verbally (this can for some be uncomfortable and there is no pressure to do so). Thereafter the parties will each be taken into a private room (or if through telephone/video breakout areas). Patricia will then alternate between each party to facilitate each one airing their concerns and offers of compromise. Patricia only shares information when given express consent to do so. The process is maintained at strictest confidence.
Stage 3
Negotiation
As the mediation process progresses, the parties will reach a stage of negotiation, facilitated through Patricia who will have maintained a note of each parties' concerns, issues, potential compromises, and prospective offers. The parties will be brought closer to a compromise through the process. This occurs only through what the parties themselves propose, not by Patricia expressing any views on the merits of each parties' respective positions. Patricia remains entirely neutral and throughout the process the parties will have been in a safe and private environment. As the respective positions become closer to potential settlement, Patricia may, if appropriate, bring the parties back together in one space, for them to learn how close they are to a resolution; this is a stage where the parties feel they can relax and be proud of their attempts to resolve their differences and does build bridges.
Stage 4
Settlement Agreement
At the end of the mediation process, it is apparent that the parties have worked hard to reach a compromise. Whilst not all mediation processes result in a completed agreement that the parties have fine tuned to the extent that a formal settlement agreement can be signed off, the process has opened up the mindset of each party. Published statistics show that even if the settlement agreement is not completed on the day or final day of mediation, it is more likely to be achieved shortly thereafter. At the end of the mediation process if agreement is reached this will be set out in a legally binding settlement agreement which if legal proceedings are already initiated, will result in an order being made by the court to dispose of the proceedings. The mediation process is kept completely confidential. It is a without prejudice and privileged process, which means it is not shared with any other party or the court, and usually, all notes taken by the mediator are destroyed.
