You, your client and counsel (if instructed) meet the mediator in your private room. You have use of this room throughout the mediation. Nothing said to the mediator in this room is passed on to the other side without your client’s permission.
The mediator will:
- run through the essential features of mediation – that it is voluntary, confidential, without prejudice and only binding if the parties sign a written agreement (often a Tomlin Order). A mediator is likely to go into more detail about this in the claimant’s room for the benefit of the lay client;
- ensure the mediation agreement is signed;
- remind you their role is to help the parties find a settlement they can all live with and not to act as a judge;
- check if your party is willing to meet the other side for an opening joint session.
Important : this is not the time for you to have a conference with counsel. You must do your preparation before the mediation.