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What is the mediation process?

The mediation is opened with introductory remarks from the mediator, who explains the process and how it differs from other forms of dispute resolution such as arbitration. The parties agree on the rules for the conduct of the mediation to ensure that everyone gets a fair hearing.

Each party then has an opportunity to explain how they see the dispute. This enables the problems to be defined before settlement options are explored. A ‘joint session' follows, at which issues are identified and settlement options explored.

The mediator may then consult separately (and confidentially) with the parties: some people call this ‘caucusing'. The purpose of these private sessions is to enable the mediator to understand how each party perceives their strengths, weaknesses and particular grievances in the absence of the other parties, which may help in developing settlement options.

The mediation might then proceed to a further joint session and further caucusing, as the parties and the mediator think appropriate, until an agreement is reached or it becomes clear that agreement will not be reached.