Setting up a mediation

Step 1 - Agreement to mediate

Contact the Association of Midlands Mediators
Please use the contact form to contact AMM by email. AMM will not contact the other party to the dispute but will provide information to one or both parties about the mediation services available. No charge is made for this initial consultation.

If the parties have already agreed to mediate
The parties should send to AMM a statement to this effect including the name and address of the parties involved and any professional advisers. A brief summary of the nature of the dispute should also be included. AMM will provide, at no cost, CVs of mediators. Mediators are chosen by the parties and not by AMM.

Contacting the mediator directly
If you contact one of AMM’s mediators directly because you have found them on this website, please tell them and inform the Association of your enquiry to enable us to keep our records up to date.

Step 2 - Preparing for mediation

Following the mediator’s appointment, he/she will liaise with the parties to arrange an appropriate date and location for the mediation and co-ordinate an exchange of case summaries between the parties and the mediator if he/she considers this appropriate.

The mediator will forward or bring an appropriate mediation agreement to the first mediation meeting for signature by the parties. The fees and costs of the mediation will be agreed between the mediator and the parties, and must usually be paid before the mediation starts. A more informal procedure can be adopted in urgent cases or for preliminary meetings.

Step 3 - The mediation process

One of the strengths of mediation is its flexibility to adapt to the circumstances of the parties and the dispute. There is therefore no rigid procedure. Mediation can be based on joint or separate meetings of parties and mediator; technical experts engaged by the parties, for example, can also play a part. The stages below describe a typical commercial mediation, often only requiring one day.

The mediator will explain the procedure to be adopted at the first meeting with the parties. In most cases, mediation begins with an initial joint session with the parties during which each presents a summary of the case and how they see it. The mediator is often assisted by an unpaid assistant mediator who will also have received formal mediator training (see below).

After a period of questioning and some discussion chaired by the mediator, the mediator will meet each party privately to explore the case in confidence. Several sessions of this kind may take place to allow the mediator to be fully briefed on the background to the case and each party's views and interests. This will permit frank discussions to take place on possible options available to resolve the dispute. The mediator will explore these options, and any settlement offers to be made, with each party, but will not disclose any information given in confidence without the relevant party’s agreement.

If agreement is reached, terms of settlement are drafted by the parties or their representatives. When finalised, these terms are normally signed by the parties with the intention of forming a legally binding contract. If the mediator or any party comes to the view that agreement cannot be achieved, then the mediation will be ended or postponed to a future meeting.

The mediator may, if the parties agree, suggest terms of settlement to the parties as a basis for future negotiation. Such suggestions are based on the mediator’s view of possible negotiated terms for settlement and are not a legal or expert opinion.

Step 4 - Follow up

If for any reason settlement is not reached on the day of the mediation, the mediator will normally be pleased to carry on assisting the parties in their attempts to resolve any outstanding matters. This should be discussed with the mediator at the time.

After the mediation process has come to a close, AMM will contact the parties for feedback.