Resources for Litigants in Person

What is Mediation?

Mediation is a flexible process conducted confidentially in which a trained neutral mediator actively assists people and/or organisations to work towards a negotiated agreement of a dispute. Both parties are in ultimate control of the decision to settle and the terms of resolution.

It can be a far more effective - and much cheaper - way of resolving issues than going through the courts.

5 Steps to Mediation

Step 1

DISCUSS: timeline (Never too Early)

    • Propose Mediation to all parties to the dispute (in writing or telephone).
    • Discuss:
        • Date - When the parties would like the mediation to take place?
        • Expertise required from the mediator - Industry or Field.
        • Mediator's availability - Check our online platform CEDR Key or request information from CEDR Client Relationship Associates at [email protected].
        • Time - A preferred start time for the mediation.
        • Duration - A half mediation day or a full day mediation day. (Fees differ)
        • Format - In person or Virtual (Online).

  Step 2

AGREE: (ideally 3-6 weeks)

    • Seek/Reach Agreement with all of the parties to the mediation on: date, location, duration, mediator and fee split.
    • Notify the mediation provider.

Step 3

CONFIRM:

    • Confirm mediation booking by contacting provider or notify the mediator.
    • Provide any of the above with the information gathered in Step 1 and Step 2.
    • Confirm deadlines and fees.

Step 4

PREPARE (ideally allow for two weeks):

  • Discuss the process with the mediator.
  • Schedule Pre-mediation Calls with mediator to discuss process and parties' positions.
  • Review and Sign the mediation agreement.
  • Prepare/Exchange: mediation documents (e.g., email correspondence, copies of contracts, drawings, diagrams etc…)
  • Pay the mediation fee by the deadline provided by the provider in the confirmation email.
  • Provide a list of participants to the mediator.

Number 5 Step 5

ATTEND (on the day):

  • Attend the mediation with a participant who has the authority to reach a settlement in good faith on the day.
  • Be prepared to sign a Settlement Agreement on the day.

Resources for Litigants in Person

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