When you:

• have a conflict or a dispute, and
• value being in control of its outcomes, and
• want to minimise its negative impacts by saving your time, money and protecting your reputation.

What is more, mediation is particularly effective in situations involving:

• an ongoing relationship between the parties;
• the complexity of the matter, especially when personal as well as business and/or technical issues intertwine;
• sensitive nature of the dispute.

1. CHOOSE THE RIGHT MEDIATOR OR MEDIATION PROVIDER. Find the person who will be suited to guide you in resolving your dispute. Alternatively, find the institution, whose staff will assist you later in finding a suitable individual.
2. CHOOSE THE MOST APPROPRIATE METHOD. Decide whether in person or online mediation is more appropriate in your case. Jointly decide with the mediator the more specific methods of conducting the process (for example, in online mediation: whether written communication will suffice or video conferencing will be beneficial, too).
3. UNDERSTAND THE PROCESS AND ITS RULES. Speak with the mediator, read materials you will receive from the mediator before the session, ask any questions you may have. Click here to view an example of the Model Mediation Procedure Rules. This draft is further adjusted following the parties needs and the selected mode of mediation (in person or online).
4. SIGN THE MEDIATION AGREEMENT. All parties need to enter into a mediation agreement before the process can begin. It covers issues such as confidentiality, liability, costs etc. Click here to view an example of the Model Mediation Agreement. This draft is further adjusted following the parties needs and the selected mode of mediation (in person or online).
5. DETERMINE WHO NEEDS TO ATTEND THE SESSION. Consider who shall participate in the process representing your party (for example, the management and/or counsel).
6. OBTAIN AUTHORITY TO SETTLE. As a rule, people who mediate shall have a mandate to negotiate the terms of the settlement. When a draft settlement emerges there might be a need to obtain a specific authorization to settle on the specific terms.
7. PREPARE YOUR MEDIATION STRATEGY. This is the most important step, including building a case roadmap with the needs & interests analysis and negotiation strategy including preliminary options development.
8. COLLECT ALL RELEVANT DOCUMENTS. Prepare all relevant documents. Where appropriate or requested share with the mediator.
9. PREPARE YOUR CASE SUMMARY. It’s a brief including the most important factual, legal and business/people circumstances.
10. PREPARE YOUR OPENING STATEMENT. It’s the initial presentation of the case by each party attending the mediation session.
11. ATTEND THE SESSION WITH AN OPEN MIND, READY TO LISTEN AND SETTLE.

Finding the right mediator might be the determining factor for a successful resolution of your dispute. Remember that this match depends on the specific dispute and its circumstances, as well as ticking the boxes of general standards.

In terms of the general standards – applying in all circumstances; look for:

• professional credentials, such as qualifications and accreditations of a reputable institution and professional bodies
• area of specialisation
• experience, including recommendations or references and publications
• style of mediating (generally, mediators provide facilitative, evaluative or transformative mediation)
• personal impression from the initial contact or the interview.

Furthermore, in the specific case, you will need to assess:

• independence and neutrality of the mediator, vis-à-vis all parties involved (for example, run a conflict check to see if the mediator had any previous business with any of the parties)
• concrete requirements of the mediation process (for example, if you are mediating without legal representatives, what is the stance of the mediator regarding participating in drafting a settlement agreement or additional language and cultural requirements)
• specific needs of the dispute at hand (for example, expertise in a given field or previous experience in handling similar matters).

For further tips on how to choose the right – for your dispute – mediator, visit my blog.

Mediation sessions – whether held online or in person – serve as an opportunity for the parties to voice their concerns and interests. The mediator acts as a session manager: structuring what and when is discussed (ie creating an agenda of topics based on what the parties submitted as needing to be discussed and proposing the order of tackling each issue) as well as how (ie whether in an open forum and directly between all parties or in private with each party or their counsel). In the further stages, when discussing options – ideas on how to address the interests and needs of the parties – and the preliminary (framework) settlement, the mediator is a relay of information between the parties. Mediators also serve as sounding boards and reality checkers. At the last stage, a mediation settlement is drafted by the parties and/or their counsel.

When mediating in person, all of the above happens at a physical venue. Namely, in a mediation session room and separate rooms for each party – so the mediator can move freely, should the need be, to conduct private sessions with each party or break for discussions between the party and their advisers in private.

When mediating online, there are the equivalents of each of the “mediation rooms” – such as a joint video call session and/or chatroom and separate channels for each party and the mediator (if the mediation is conducted solely in writing, or on top of the video call sessions).

What follows a mediation session is the drafting of a mediation settlement. Frequently, the first draft will emerge at the end of the session and, subsequently, will be chiseled by the parties and/or their lawyers in further communication. At this point, the mediator does not participate in drafting the wording of a settlement, but can still be of help shall the negotiations required her or his support (ie as parties return to bargaining or find out there were some misunderstandings in what they agreed on during the session). Afterwards, the parties sign the contract and voluntarily perform it. The settlement contract can also be recorded in the appropriate court (so, it is enforceable as a court order).