The process of mediation
If you and the party you are in dispute with agree to mediation, you will need at the outset to appoint an independent mediator – someone who has no connection with either party or their representatives. Stella can contact the other parties to explain the procedure and encourage their participation.
How it works
When all parties are in agreement to mediate Stella can then agree a date and book a suitable venue. The mediation takes place at a convenient location for both parties and is usually scheduled for 4 or 8 hours. Three rooms are usually booked, one for the mediator’s use and one for the parties and their representatives. Joint meetings are now usually dispensed with and Stella will shuttle between the parties respective rooms initially to hear the background of the dispute and then to find some common ground with a view to opening negotiations.
Many mediations are now conducted virtually via Zoom which lends itself very well to mediation. The parties are allocated to breakout rooms and the mediator can flit between the breakout rooms bringing the parties together if appropriate. This model obviously saves the time and expense of travel for the parties and the mediator.
The role of the mediator
As the mediator, Stella ‘shuttles’ between the parties, giving them the opportunity to present their understanding of the case and then, hopefully, finding some common ground to form the basis for negotiations.
Stella controls the process. Everything said or done during the course of the mediation is entirely confidential and cannot be referred to in any subsequent court proceedings.
Mediation is voluntary and either party can leave the mediation at any time. There is no binding agreement until a settlement is reached and the agreement is drawn up and signed.
As a mediator Stella’s role is to guide the discussion and clarify the issues with the aim of facilitating the parties to reach their own settlement. Please note that Stella is not a judge or arbitrator and there are no rules of evidence. Stella makes no decisions or judgements and does not give advice. Stella may bring the mediation process to an end if she feels that it would be wrong or inappropriate to continue and her decision on this is final.
Find out how mediation can help you
Stella Parker is an experienced lawyer who mediates civil and commercial disputes with astute business sense and empathy to the parties. She works in East Anglia and London. more
Contact Stella Parker on 01223 890671 / 07967 486236 or via the enquiry form opposite to find out if mediation could work for your dispute.