#AskAMediator☝️| ⏱️ “Is there a lot of preparatory work before you start a mediation? What kind of thing happens?”

Effective preparation by the mediator before we start a mediation helps ensure a successful outcome. Here are some key aspects of the preparatory work that a mediator may undertake before the parties come together for their joint mediation session:

Initial consultation:

  • The mediator will conduct an initial consultation with each party separately to understand their perspectives, concerns, and goals.
  • We seek to establish trust and explain the mediation process, emphasising confidentiality.

Documentation review:

  • We examine any relevant documents, contracts, or agreements related to the dispute.
  • We identify legal and factual issues that may impact the mediation.

Legal research:

  • We research any applicable laws and regulations relevant to the dispute.
  • We ensure parties have attained access to informed legal guidance during the mediation where appropriate.

Stakeholder communication:

  • We may communicate with solicitors or representatives involved, to gather additional information and ensure all relevant parties are aware of the mediation process.

Setting communication protocols:

  • We may agree any communication protocols for the mediation session in advance, including guidelines for confidentiality, and the role of each participant (eg. it may be ageed that a supporter to a participant may not contribute to the conversation in a joint meeting).

Selecting the mediation venue:

  • We choose a neutral and comfortable location for the mediation to ensure a conducive atmosphere for constructive dialogue.

Pre-mediation agreements:

  • We encourage parties to sign a pre-mediation agreement (aka Agreement to Mediate) outlining their commitment to the confidentiality of the process and willingness to negotiate in good faith.

Preparation of opening statements:

  • We may assist parties in preparing their opening statements to articulate their key concerns and desired outcomes.

Identifying common interests:

  • We identify potential common interests between parties to facilitate finding mutually beneficial solutions.

Developing a mediation plan:

  • We create a flexible agenda for the mediation session, outlining discussion topics and allowing for adjustments based on the evolving dynamics.

Emotional, accessibility and cultural considerations:

  • We recognise and address emotional, accessibility or cultural factors that may influence the mediation process.
  • Consult with parties to understand any adjustments that might be made to make the process more psychologically-safe, accessible and equitable.

Logistical arrangements:

  • Ensure logistical arrangements are in place, such as scheduling, availability of necessary equipment, and any special accessibility requirements.

Pre-mediation coaching:

  • We may provide coaching to parties to enhance their communication and negotiation skills.

By investing time and effort in thorough preparation before we start a mediation, a mediator can lay the foundation for a more productive and amicable resolution during the mediation process.

My grateful thanks to our real-life reader of the #AskAMediator newsletter, ST, for an excellent question!



🕊️ My name is Arabella Tresilian and my mission as an accredited mediator is to help people achieve peaceable resolutions to challenging interpersonal dynamics. I help people in health, social care and the workplace to:  🪢 Resolve disagreements 🔗 Relate better  ❤️‍🩹 Repair relationships 🧘 Restore wellbeing

2 ways I can help you achieve #peaceableresolutions today:

  1. 💌 Subscribe to or share the #AskAMediator Newsletter: http://eepurl.com/dmixCL
  2. 📅 Schedule a free Enquiry Call to discuss a disagreement you are facing: https://arabellatresilian.com/book-now/ 

If you enjoyed the #AskAMediator newsletter you can: