What happens in Mediation?
- Voluntary Basis - as mediation is voluntary, disputing parties has to agree on using mediation to resolve their conflict before approaching a mediator.
- Intake Meeting – the mediator will meet with the parties separately to collect information and assess whether the case is suitable for mediation.
- Sign Agreement to Mediate – the mediator will prepare an Agreement to Mediate for all parties (including the mediator) to sign before the joint meeting.
- Joint Meeting – at the beginning of the joint meeting, the mediator will explain his/her neutral and impartial role, the process of mediation as well as the guidelines with the disputing parties.
- Parties’ Opening Statements -- each party will have an equal chance to tell their version of the situation as they see it, uninterrupted.
- Agenda Setting -- the mediator will help parties draw up a list of issues to be discussed.
- Joint Discussions and Separate Meetings -- the mediator will facilitate the parties to develop mutually acceptable solutions to meet their needs in the particular situation. However, if parties reached an impasse or the mediator finds it fit, the mediator will call for separate meetings with each party to further explore underlying issues and options. Parties also have the right to call for separate meeting with the mediator if required.
- Settlement Agreement - when a solution acceptable to all parties is reached, a Settlement Agreement recording the outcomes is prepared by the mediator or the parties’ representing lawyers. Once this agreement is signed by the parties involved, it becomes a legally binding contract.