Referral/lnvitation

·  Written request to mediate, parties agree the dispute to be mediated

·  Parties agree a mediator

·  Mediator confirms no conflicts and accepts in writing

Key Elements of the Agreement

·  Appointment of mediator 

·  Roles, responsibilities and process

·  The mediator's impartiality and conflict of interest disclosures

·  Confidentiality obligations

·  A clear time frame, fee schedule and cost sharing 

·  Termination conditions 

·  How any settlement will be recorded

·  Signed by both parties and the mediator

Suitability & safety screening

·  Check whether the dispute is appropriate for mediation

·  Check whether the issues are amenable to a negotiated solution

Explaining the process

·  The mediator's role

·  The voluntary nature of mediation

·   Confidentiality and its limits under legal obligations

·   What to expect in joint sessions or private sessions

Identifying issues & interests

·   Each party tells their side, explain what matters most, and flag concerns

·   The mediator to prepare an agenda

Logistics

·   Confirm participants, representatives (lawyers, support people if any)

·   Confirm timing

·   Confirm the venue or online platform

·   Confirm any adjustments needed (interpreters, accessibility, etc.)

Consent to proceed

·   The mediator confirms willingness from both sides to go ahead if suitable

·   The mediator may recommend alternative dispute resolution pathways if not suitable

The Mediation Process by Resolution Institute:

If settlement is reached

·   The parties may implement the terms immediately

·   The parties may formalise in a Deed of Settlement prepared by lawyers

·   The mediator provides a copy of agreement to each party

·   The mediator confirms that the mediation has concluded

·   The mediator refers to legal or professional advisors if appropriate.

If no settlement is reached

·   The parties may return for a follow-up mediation session

·   The parties may proceed to litigation or tribunal without prejudice

·   The mediator formally closes the mediation

·   The mediator may provide a closure statement but cannot disclose confidential content (only note that no agreement was reached)

Continuation of Mediation

·   If the parties don’t reach full agreement in the first session, the mediator may adjourn and schedule additional mediation sessions

·   The continuation keeps the process voluntary, confidential, and within the same “Agreement to Mediate”

·   A new “Agreement to Mediate” may be required if there are major changes

Procedure

·   The mediator will summarise progress and clarify remaining issues

·   The mediator will agree with the parties on the timing and format of further sessions

·   The mediator will confirm any interim arrangements