Mediation does not have a formal structure.
The first step is to contact C S Lindsay Dispute Resolution Consultancy.
At an Assessment meeting or MIAMS – session will be 45 minutes in length. I will see each client separately for this first meeting in order to determine the issues and what the client is hoping to achieve through mediation. This is confidential.
Joint Sessions will be held from this point and in the first session the issues will be determined by the parties. Depending on the complexity of the issues the mediation can take between 3 and 5 sessions lasting approximately 2 hours. It may be appropriate for the mediator to work separately and privately with each party in turn. This provides the space for each party to speak in confidence to with the mediator, who can be used to pass on information or proposals.
Once the parties have come to an understanding, the mediator will prepare a memorandum of understanding/open financial statement and provide copies to the parties. This document is not binding until the parties discuss it with a solicitor who will then seek to make it into a formally binding agreement. With financial issues after divorce or dissolution of a civil partnership, this would be a consent order that can be submitted to the court for approval, if such approval is required.
Prior to the mediation the mediator will usually speak to each side to find out the background. The agreement of all parties involved in the dispute is required before mediation commences and each will be asked to sign an agreement to mediate before mediation commences. A short statement is normally made by each party. The mediator holds meetings with the parties in separate private sessions, enabling the mediator to identify and understand the respective interests to be satisfied for a successful resolution.
The mediator will then work with each party, involving private and joint sessions in separate rooms.
Workplace mediation can be resolved in one day or over a period of days.
A mediator will discuss the issues in dispute between an employer and an employee which can be done separately or together with a view to helping both parties. Mediation is voluntary, so both the employee and the employer must agree to engage with the process. Mediation can take place at any stage in a dispute. It is generally most effective if used soon after the problem has arisen.