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Mediation - Practical help to move you towards a happy future

And for the mediators

  • It’s the participants and mediator who decide whether to invite lawyers to mediation — not the lawyers
  • Decide who will invite the lawyers — the mediator or the participants
  • If attending, the lawyers will need to sign a confidentiality agreement
  • Consider setting up a separate call with the lawyers, ahead of mediation, to explain the purpose, set ground rules, and agree an agenda
  • Remember — the lawyers are there to support their clients — this isn’t a PFDR
  • You can pause, separate, or end the meeting, and choose not invite lawyers to future sessions.
  • It’s in the lawyers’ interest to behave!

“Tips for practitioners representing clients in mediation”

  • A very different role to in court
  • Participants lead the discussion and search for solutions
  • Lawyers support and assist rather than drive outcomes
  • The role with the other lawyer is more collegiate
  • Lawyers help to achieve certainty of the settlement on the day