HOW DOES MEDIATION WORK?
The Mediation Company uses the award winning FAIR Mediation Model™. Facilitate. Appreciate. Innovate. Resolve. All of our mediators are TCM Accredited and undertake regular continuing professional development (CPD).
The mediation process is flexible and we have set out a typical mediation process below. Mediation typically lasts a half day or a full day. However in some cases, the process runs over several days. Our fee structure (see previous tab) takes account of the need for flexibility.
The mediation process in nutshell:
We receive an instruction to mediate from the parties to the dispute. We get the logistics, objectives fees and contracts agreed at this stage to avoid any future confusion.
We will speak to each party by phone or video call before mediation commences to introduce ourselves and to answer questions.
We ask the parties to complete a pre-mediation checklist to bring with them to the mediation.
During mediation:
We meet each party separately to explore the past the present and their needs and hopes for the future. We also explore the impact and the root cause of the dispute. This promotes a process of reflective thinking, insight and wisdom (whoops! we said no jargon. What we mean is it gives everyone a chance to calm, down, reflect and think more clearly).
The mediator and the parties meet at a joint meeting to make opening statements, to ask questions and seek clarification on each others positions.
The parties have a short break to consider their positions, interests and needs.
The parties meet again to explore the issues in more depth and to begin creating their agreement. At this stage we are helping the parties to achieve a mutually acceptable outcome – a win/win situation.
The mediator will help the parties to draft the agreement. If the parties wish to sign the agreement, it becomes legally binding.
The mediator will support the parties in the days, weeks and months after mediation concludes. For instance. We sometimes find in a small number of cases that mediation concludes without an agreement. However, the next day, after a good nights sleep, the positions change and the parties wish to reopen a negotiation. This is perfectly normal and the mediator will facilitate this through emails, phone calls and further meetings as necessary (online or face to face).
We ask all parties for their feedback and we ask them to leave a review of their experience on TrustPilot.