Mediation is a human experience. It involves the parties coming together to discuss the issues in dispute whilst guided and assisted by an experienced mediator. Many legal practitioners glance over the purpose of mediation, not merely a required court ordered process, but an opportunity to negotiate, to explore the issues in dispute, reflect on prospects of success, and consider the possibility of resolution.
Moderated by Mark Attard, the panel discussion at the Financial Lines Symposium which involved four experienced mediators highlighted how to get the most out of the mediation process.
Although it may seem obvious, the mediation should be attended by the key decision makers and advisers of each party. The panel have many times seen a mediation grind to a halt because a junior lawyer with no executive decision-making ability attended a mediation and has had to constantly seek instructions on the next steps in negotiations. A mediation is about rhythm and process, and when a party is unprepared, it acts like a circuit breaker in the mediation process.
