How does civil mediation work?

When Laceys are approached regarding civil mediation all parties are sent Agreements to Mediate for signing and are asked to provide payment in advance. No appointment is made until Laceys have the signed agreement and cleared payments. Prior to the meeting each party must state who will be in attendance on the day [legal advisors are welcome] and they must each prepare a brief statement setting out their position.

On the day of the mediation matters usually start with all parties and their representatives around the table, when the ground rules are explained and a brief summary of the facts is given. Then the parties split into separate rooms. They may have their legal advisors with them or may attend alone.

The mediator will then go between the rooms, finding out the priorities for each client, looking at the strengths and weaknesses of their cases and seeing if some compromise can be reached. Parties can tell the mediator things that they do not wish to be passed to the other side, but must be quite clear in these instructions. Otherwise the mediator will use his or her discretion and experience as to what will be said in each room.

The mediator will try to help the clients to ‘bridge the gap’ and move towards settlement.

Once settlement is reached, discussions will take place as to how the arrangements will be met. If this includes payment [and this is usually the case although other things may also be included] then a time frame will be set and method of payment agreed. The parties will sign some form of agreement that will either be drafted by their legal advisors if they are present, or by the mediator who will pass this on to any legal representatives.