1. HOW MEDIATION CAN WORK FOR YOUR CLIENTS
Lavinia Shaw-Brown
14 April 2015

2. What is mediation?
“Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution."

3. Why choose civil mediation?
Flexible
Informal and quick to arrange
Practical as well as financial solutions
Less stressful than going to court
No commitment unless agreement is reached
Court process still available if unsuccessful

4. The Essentials An Independent Mediator to facilitate settlement
Parties, with or without legal advisers
Willingness to give it a go – desire to settle
Time – 3 hours + for meetings / 1 hour + for telephone

5. REMEMBER IT IS THE CLIENT’S DAY!
At the mediation: roles of the professionals
The mediator
Works confidentially with each party
Facilitates discussions
Helps broker a deal, e.g. chases progress
The lawyer
Assists and supports the client
Prepares settlement agreement
REMEMBER IT IS THE CLIENT’S DAY!

6. At the mediation: mediator’s opening statement
Explains process and ‘rules of the game’
Without prejudice / confidentiality
Parties in control of day and any settlement
parties’ opening statements
Brief outline of history of dispute
Chance to ‘let off steam’
Summary of hopes/aims for the day

7. At the mediation: caucuses
Private meetings between party and mediator
Mediator shuttles between the parties
Frank and confidential discussion of party’s real position/real interests
Mediator will disclose to other party only what he/she is specifically authorised to disclose
Very flexible process in hands of the mediator

8. At the mediation: if a deal is reached
Settlement Agreement drawn up there and then
Documentation of settlement: is this clear?
Enforceability: do the parties have authority to settle?
Importance of signing agreement at the mediation
If matter in court, Tomlin Order usually used

9. At the mediation: if no deal is reached
All is not lost! - parties may reach a deal later
Still a valuable exercise: e.g. cathartic process, insights gained and information obtained
One applicant whose mediation did not settle “I learnt more in one afternoon about this case than I had learnt in ten years of litigation”

10. When can telephone mediation be used?
For simpler cases – usually unrepresented parties
Parties are at different ends of the country
One or both parties prefer it
One party disabled or very stressed
If amount in dispute is ‘small’

11. How does telephone mediation work?
Mediator makes arrangements to suit the parties and his/her convenience
Usually done in one session with a series of phone calls
All basic ‘rules’ the same as for meetings including Agreement to Mediate
If settled, mediator draws up settlement agreement for all to sign

12. Family and Community Mediation
For what sorts of disputes
Main differences in delivery method
Required by the Courts – MIAMs
Legal aid position

13. How to find an accredited mediator?
Is the dispute a civil matter, a family matter or more suitable for local community mediation provider?
For civil disputes – go to National Mediation Providers Association
On website information about mediation, costs involved and application form for an accredited mediator
May be possible to find a free mediator in some circumstances

14. For Family Mediation
Family Mediation Council –
Membership organisations cover England and Wales and search facility available on website
Council guarantees a Code of Practice for the members
Legal aided mediators also available

15. For Community Mediation
Google ‘community/neighbour mediation’ and locality
Generally small local providers
Often able to provide free mediation or low cost

16. What do parties say? Very Positive
“Mediation brought to an end the years of pain and heartache – I wish I had known about this service sooner”
“It was very satisfactory – avoiding confrontation and stress. I am very grateful to have been accepted for this service and cannot praise it highly enough”
“After 13 years of problems being able to come to a definitive conclusion in an afternoon was little short of miraculous!”