The philosophy a mediator brings is critical to the success of the process. Here is what to expect.
They help the parties identify and narrow the issues, and are a useful tool for planning the mediation so there are no hidden surprises — for example, where a party's insurer does not intend to attend, and how that can be managed before the day begins.
Being meaningfully engaged — and being seen to be engaged — is critical. Philip commits to reading all the materials sent by the parties and to understanding the legal, technical and commercial issues in play, which he regards as essential ingredients for a successful mediation.
Basic courtesy and politeness lead to better communication and dialogue between the parties, particularly where the proceedings have been acrimonious. It sets the tone for the entire day.
Philip recognises the role of solicitors and barristers beyond drafting position papers and settlement agreements. He actively seeks their assistance and involvement, and respects the constructive role they play rather than lecturing them on the process.
Parties who are not regularly engaged in legal proceedings — a plaintiff in a personal injuries claim, or an insured in a commercial dispute — can feel left out. Philip invests time in the opening session to ensure all parties are comfortable with the process and stay part of it throughout.
A mediator must be seen to be involved at all times — not taking calls, reading other work or locked away. Philip considers his time to be owned by the parties, and stays close to the dynamics of the dispute so he can anticipate blockages as they develop.
Until the allocated time is expended, resolution remains possible and desirable. Where a day is set aside, the whole day is used — Philip will not allow a mediation to drift, and never treats a negotiation as lost.
Where a day has been allocated, the parties have access to Philip for the whole of it. He uses his best endeavours to keep everyone moving forward and in constructive dialogue.