Formalities

The first thing that needs to be done is confirming the parties want to mediate, usually this is done before the mediator gets involved. The parties then decide whom they want as a mediator. Once they have chosen a mediator, the mediator usually confirms with the parties the time and place.

Before the mediation, a mediation agreement must be signed by both parties and the fees must be paid. The mediator fees are generally split equally between the parties. The mediator also confirms that the parties signing the agreement have the authority to negotiate and enter into a settlement agreement.

The mediator then confirms with the parties that the mediation can go ahead. Please see an example of a mediation agreement and fees here.