Preparing for mediation

For many disputes, it’s completely feasible for people to come to a mediation on their own. However, parties may be accompanied by a legal or other advisor if appropriate.

Be composed

Few people are comfortable dealing with conflict. The strength of mediation is that it offers a structured way of dealing with uncomfortable issues. As they say on the airlines, stay composed and listen to your Mediator – he has had many years of doing this stuff!

Be open and positive

  • Rely on your Mediator. A Mediator will provide impartial leadership and direction through the confusion of conflict. He will help to manage emotions and assist in agenda-setting of difficult and technical issues. The Mediator’s expertise lies in guiding a path from the troubled past to an agreed better future.
  • Participating in mediation can feel risky but when things have reached a stalemate there’s not a lot to lose. It’s time for something different.
  • Trust the process. Any decisions arising out of mediation need to be specifically agreed to. No change occurs contrary to people’s wishes or rights.

Be prepared

Discuss the following in advance with your Mediator:

  • Written material to bring
  • Who is to attend
  • Authority to settle.

Pre-mediation meeting

A preliminary discussion will occur before the mediation between the Mediator and each of the parties either in person or by telephone.