Mediation Processing
Cyril Chern · 2020
The actual formal mediation process commences once an agreement to mediate has been reached between the parties and their mediator. The advantages of a well-constructed mediation agreement which sets out a pre-determined set of procedures and rules in the event a dispute arises begins as follows: Mediation agreements should be fashioned to suit the particular circumstances of each case. Generally, however, most mediation agreements should identify: All these terms can be fashioned to suit the needs of the particular case. Two areas are, however, particularly worthy of note: pre-mediation disclosure; and the participants at the mediation. While each case will turn on its own particular facts, experts and expert reports may not be necessary, and solicitors should consider addressing this issue and dealing with it in the mediation agreement. The initial interview can bring out issues as to how serious the parties are to mediate and more importantly how serious they are to reach an amicable settlement.