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A Focus on Mediation
by the South East Branch of the Chartered Institute of Arbitrators

Six simple steps to starting a mediation

1. As soon as you have a dispute, contact your opposite number and arrange a negotiation meeting. Ensure that, if at all possible, you will be communicating, right from the start, with the representative of the other side who can and will actually make the decision.

2. Negotiate for as long as it is being fruitful. Concentrate on each other's interests rather then legal rights. Listen carefully to what your opposite number is saying and be sure you understand their position.

3. Maintain a friendly and professional relationship throughout the negotiation. The chances are that, with the best will in the world, you may have to agree to differ - if you do, do it in a friendly fashion and respect each other's point of view.

4. If you are unable to agree a resolution, then suggest mediation, i.e. finding someone who can break the impasse between you. Before you can enter into a mediation, both parties must agree to mediate. Point out the advantages;

i. The saving in legal costs of going to court or arbitration.

ii. The maintenance of a good relationship for continuing business between you.

iii. That usually mediations have an 80% chance of success.

iv. That at the end of the day it is going to be your settlement - not that imposed by a third party.

v. That it can be done speedily.

5. When mediation is agreed, you need to appoint a mediator. You can do that by looking at the CVs of the mediators in the Focus group and selecting one who you believe would suit your circumstances.

6. Once you have contacted your chosen mediator, he will guide you through the process, but remember - if you become unhappy at any time, you can always withdraw from mediation.