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- Agreement to Mediate
- Voluntary Participation: Confirm that both parties agree to mediate voluntarily, without coercion.
- Mediation Clause: Check if the contract includes a mediation clause that mandates or encourages mediation before litigation.
- Mutual Consent: Ensure all parties consent to the process and understand its purpose.
- Selection of Mediator
- Qualifications: Choose a mediator with relevant experience in civil and commercial disputes.
- Neutrality: Confirm the mediator is impartial and has no conflicts of interest.
- Agreement on Mediator: Obtain agreement from all parties on the selected mediator or process for choosing one.
- Availability: Verify the mediator’s availability for the scheduled dates.
- Scheduling the Mediation
- Date and Time: Coordinate to find a mutually convenient date and time.
- Duration: Estimate the length of the session(s) to ensure adequate time.
- Notification: Send formal invitations or notices to all parties and the mediator.
- Preparation of Parties
- Issue Identification: Clearly define the issues to be resolved.
- Position Statements: Prepare statements outlining each party’s perspective and desired outcomes.
- Evidence Gathering: Collect relevant documents, contracts, correspondence, or other evidence supporting your position.
- Settlement Goals: Clarify what terms or outcomes are acceptable or non-negotiable.
- Venue and Logistics
- Location: Choose a neutral, accessible venue conducive to open discussion.
- Virtual Options: Consider online mediation platforms if in-person meetings are not feasible.
- Facilities: Ensure availability of necessary facilities such as breakout rooms, technology, and refreshments.
- Accessibility: Make arrangements for any special needs or accommodations.
- Confidentiality Agreement
- Terms: Draft and agree upon confidentiality terms to protect sensitive information.
- Signing: Have all parties and the mediator sign confidentiality agreements before proceedings.
- Scope: Clarify what information is confidential and any exceptions.
- Mediation Agenda
- Issue Outline: Develop a clear agenda highlighting key issues to be discussed.
- Order of Discussion: Decide on the sequence of topics or issues.
- Sharing Agenda: Distribute the agenda to all participants and the mediator in advance.
- Legal and Ethical Considerations
- Legal Compliance: Ensure the mediation process complies with applicable laws and regulations.
- Impartiality: Confirm the mediator’s role as an impartial facilitator.
- Informed Consent: Make sure all parties understand the process, their rights, and the implications.
- Funding and Costs
- Cost Sharing: Agree on how mediation fees, mediator’s charges, and other expenses will be divided.
- Payment Terms: Establish payment arrangements and deadlines.
- Financial Assistance: Explore options for funding or subsidies if applicable.
- Post-Mediation Steps
- Documentation: Record any agreements or settlements reached during mediation.
- Legal Formalities: Determine if agreements need to be formalized through contracts or court approval.
- Follow-up: Plan for any necessary follow-up sessions or additional negotiations.
- Further Legal Action: Decide on next steps if mediation does not result in an agreement.
