THE

MEDIATION

PROCESS

Mediations usually take place in face to face meetings, which are conducted in a relaxed, yet focussed setting. Remote forums such as online and telephone are equally as effective.

• The first step is for the party wishing

to undertake mediation to obtain the agreement of the other party. Pathfinder Mediation is happy to contact the relevant party to outline the process and to encourage their participation via our Mediation Introduction Service.

• Once agreement to mediate is reached, a convenient and mutually agreed date, time and location is arranged. The cost of any venue hire is agreed and usually shared by all parties.

 

• The mediation starts with an opening session attended by all parties (unless there are any objections) where each party is able to present their side of the issues face to face in an informal environment.

• This is followed by private/individual sessions with the mediator assisting in narrowing the issues, exploring possible solutions and clarifying points.

• It should be noted that any information or offers disclosed in private sessions are confidential and will not be revealed to the other party without your prior consent.

 

• Once progress has been made, the parties may be brought together at appropriate times to further explore solutions.

• Most mediations settle and the terms of any agreement are drafted in a legally binding settlement or Court Order and signed by all parties.

Note: Workplace agreements are based on trust and are not legally binding.

• In the unlikely event of non-settlement, it is usually found that these cases settle shortly afterwards as a result of the momentum achieved during the initial mediation, with the parties having had time for reflection.

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