Mediation is commonly described as a process in which a neutral person facilitates discussions about a possible resolution. Its format and effect depend on the particular programme or agreement. This guide offers preparation questions and is not a prediction that mediation will be appropriate or successful for a given dispute.
THE CENTRAL QUESTION
Prepare for a useful discussion.
Separate the issues, the practical interests, and the questions about the process.
Understand the actual process
Before a meeting, ask how the process will work, who will attend, and what preparation is expected. Questions about the mediator’s role, confidentiality, private meetings, and costs should be addressed using the terms of the actual process. Different programmes may use different arrangements.
Prepare a useful issue map
A short summary can identify the central disagreements, important documents, and areas where the participants already agree. It can also distinguish the outcome you would prefer from the practical concerns behind that preference. This preparation may make discussion more focused without committing you to a particular proposal.
Think about implementation
If a proposal emerges, its practical detail may be as important as its headline terms. Timing, responsibilities, documentation, and ongoing communication may all need attention. Ask what further review or drafting is needed before deciding whether and how to proceed with any proposed outcome.
MAKE IT PRACTICAL
Your preparation checklist.
Select items as you prepare. Your selections stay on this page only.
General information, not individual legal advice. Services and engagement terms are subject to firm confirmation.