Your mediator will advise on the flexible informal process to be followed on the day.
There may be a joint opening session when the parties and/or their representatives may be invited to make a brief opening statement. It is also likely that there will be private sessions, when the mediator will discuss the case with you and your client in private. The success and pace of the mediation is usually directly related to the quality and thoroughness of the parties’ preparation.
When settlement is reached the agreement will be formally recorded (usually, where proceedings have been commenced, in a Tomlin Order). Costs are often agreed at the same time.
After the mediation
In cases where settlement is not reached on the day the mediator will often be prepared to work with the parties, by telephone, to see if final resolution can be reached soon afterwards.
Do claims settle?
80 to 85% our the claims referred to us settle on the day or very shortly afterwards.