How does it work?
Contact Atlas to arrange a free 30 minute telephone consultation to discuss how mediation can work for you, and whether your dispute is suitable for the process. If you would like to proceed, we ask for a deposit in order to arrange a pre-mediation meeting with all participants, and any legal representatives.
Confidentiality is key
All information shared and communications exchanged, from initial consultation to the conclusion of the mediation, are entirely confidential. This principle lies at heart of mediation. ​
Mediators are bound to a Code of Conduct and all participants are required to sign an agreement that dialogue is 'without prejudice'.
In other words, information disclosed within mediation, cannot later be relied upon in court proceedings or revealed to any third parties.
Mediation Information Meeting
A short meeting usually over the phone or online, to mould a mediation that works for all participants, addressing the following questions:​​​
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Who should attend?
Those who are directly impacted by the dispute and have authority to make a settlement agreement. Mediators do not provide legal advice in facilitative mediation, so taking legal advice is advised, and lawyers are welcome to attend. In some cases insurers need to have a representative present. In others you may simply want to bring someone to support you. All those attending are expected to sign and be held to a confidentiality agreement.​
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Where does it take place?
​Mediation is flexible, we come to you! We can assist participants to agree on a convenient venue, taking accessibility and privacy into consideration. It is important that everyone feels safe and comfortable, arranging any adjustments in advance. Please note that the costs of booking a separate venue is borne by the participants. ​​
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What does the Mediator need to know?
This is a safe process to place your cards on the table - it is useful for the Mediator to have reviewed documents and communications relevant to the dispute, especially those that you would intend to rely on in court. Participants should prepare to send these to the Mediator in advance, and be clear on what (if anything) should remain for the Mediator's eyes only. ​​​
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How long does it take?
A Mediation can be booked within a week or few months depending on the availability of the participants. This pre-meeting is important to asses the nature of the issue and determine whether we need to book for a few hours, a whole day or several. On average most can be resolved in one day.
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Who will pay?
In commercial and many civil matters participants usually agree to split the costs equitably, or where this is not possible one may bear the costs as a gesture of good will, for example in consumer and workplace disputes it is standard for the company or employer to cover the costs. For most civil matters Lorna offers a fixed fee scheme. For community matters currently Atlas are offering mediation on a no fee basis.
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The Mediation
Wherever possible it is ideal to begin a Mediation with an open session. Giving everyone a chance to share their thoughts and perspectives at the outset. Finding some common ground, even if that is merely to avoid court, is still something that all participants are interested in achieving. ​Your mediation is tailored to your needs.
The Mediator can meet with each participant privately and 'shuttle' between them (and if needed we can do this from the outset). Each private session is strictly confidential - the mediator will only transmit information with clear permission. ​All taking part are expected to engage in the process and act in good faith. If a participant is unwilling to do this, Mediation will not work.
Bring an open mind, and know that the Mediator may need to ask some difficult questions. ​
The process is entirely voluntary - so you or other participants are free to terminate at any time. We will ask for a few minutes of your time before you go so we can understand your reasons.
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Be aware that the Mediator also has the right to terminate the mediation at any point. This is rare and likely to be caused by some practical obstruction to proceeding or our professional ethics e.g. participants are acting in bad faith, threats of violence etc.
Reaching Settlement
Where you are able to reach an agreement to settle the dispute this must be placed in writing and signed by the participants. This creates a binding contract between you, enforceable by a court of law. ​If you are close to agreement, but need to adjourn, you are advised to make a written agreed note of what you have agreed so far, to be able to rely on it in future negotiations. Otherwise that progress is lost to the confidentiality rules.​ Settlement is not guaranteed.
However, Mediation still adds value. You will learn more, you may be able to narrow the issues and make progress. The door will be opened to further negotiations new perspectives on the business or personal relationship and you go could go on to form your own resolution. If the matter continues to court, proceedings may become shorter and cheaper. ​There is much to be gained from giving Mediation a chance, and Courts now expect you to do so.​
