Coram Chambers, 9-11 Fulwood Place,
London, WC1V 6HG

Phone: 020 7092 3700
Fax: 020 7092 3777

St Martin’s House, 63 West Stockwell St,
Colchester, CO1 1HE

Phone: 01206 591010
Fax: 01206 548704


The mediation day
The process is entirely flexible, but the following format is often adopted:

Before the mediation

  • Parties exchange short position papers and agree a core bundle (usually 7-14 days before)
  • Mediator speaks to each party to understand the case and the main issues in dispute

At the mediation

  • Opening session (involving all parties)
  • Signing of mediation agreement (the basic document governing the process)
  • Mediator establishes ground rules for the day, reaffirming confidentiality
  • Lawyer or Principal from each party makes an opening statement (perhaps 10-15 minutes long presenting their best points)
  • Private Meetings
  • Mediator conducts series of private meetings with each party to learn more about their expectations and the strengths/weaknesses of their case
  • Nothing said is passed to the other side by the mediator without specific authority
  • Parties define issues clearly and ensure mediator understands their position and what they wish to convey to the other side via the mediator
  • “Shuttle diplomacy” by the mediator aims to broker a commercial settlement between the parties
  • Further joint meetings
  • At this stage the mediator may wish to take Principals aside to help them engage in direct negotiations
  • Settlement
  • Drawing up of settlement agreement by lawyers, if present, or parties and mediator if not
  • Settlement becomes binding on signing of agreement

After the mediation

  • No settlement
  • Mediator may contact parties as settlement may be achieved in the weeks following the mediation
  • Parties may (continue to) pursue their rights through litigation or arbitration
  • Anything said or draft documents developed at the mediation cannot be used in later litigation/arbitration