Questions and Answers about mediation

Do I need a lawyer to act for me at mediation?

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The short answer is no you do not.   However, as I cannot give legal advice, if you do not either bring a lawyer with you or take legal advice prior to the mediation, you will not benefit from having that advice on any proposed settlement terms that are considered.   In addition, I cannot draft the written agreement recording a settlement if one is reached.   If one party does have a solicitor, that party will usually draft the settlement agreement but I will not be able to give advice on what it says.

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Can I ask you for legal advice?

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Again, the answer here is no.  I cannot give the parties legal advice on their dispute.

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Will you make sure I get a good settlement?
 

My role will not be to tell the parties how to settle or on what terms.  I will explore terms of settlement with the parties and will be up to those parties to decide whether or not to settle.  

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Do I need to speak/see the other party at any time during the mediation?

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No.  There is no requirement that we hold 'open' sessions round the table or online via Zoom.  Indeed, most mediations are successful will the parties remaining in their own rooms and with me shuttling between the two.  However, mediation does offer an opportunity for the parties to meet 'eye to eye', which may be something worth doing if an ongoing relationship post-dispute would be beneficial e.g. in a dispute involving neighbours.   I will certainly not require the parties to have a joint session.

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Can I leave the mediation before the allotted end time?

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Yes, you can leave at any time if you think that the process has been exhausted.  However, before you do go, I would like to explore the reasons why you would like to leave to see if further negotiation would be beneficial.