Make use of your mediator....before the mediation day

You may have spent some time choosing your mediator, perhaps debating with the other side over who is to mediate your dispute.  The process may have been difficult and drawn out.  But you have got there… you now have your mediator.

Your mediation will normally be held over a single day and your mediator will be an integral part of that day.  But you do not have to wait for the mediation day to make use of your mediator.

Mediation is a process, and that process starts with all parties preparing for the mediation. Preparation is the key to a successful mediation.  The better prepared the parties, the better chance of resolving their dispute.  There will be many factors to consider, such as the content of the mediation bundle, the position papers, the venue and perhaps who should attend the mediation. Some of these may be straightforward but some could pose issues either for your side or as between the parties. If issues arise, you have a simple solution … ask the mediator.  You can do this by email or personally over the telephone, individually or jointly with the other side.  In some cases a face to face pre-mediation private meeting with your mediator could be the right thing to do.

However you choose to engage with your mediator, you can be sure that your mediator will be able to assist you with your preparation and your journey through to the mediation day.  A good mediator will not hesitate to provide practical assistance to the parties at every stage of the mediation process.  And remember that, at all times, your dealings with your mediator will be subject to the same mediation privilege and confidentiality as will apply on the mediation day.

So do not hesitate, if you have a question or issue send that email or make that call and above all, make good use of your mediator.