CHAPTER 13

PREPARING FOR MEDIATION

Mediation is quite a fluid process and most mediators will tell you that no one mediation is the same. However, there are a number of common practices and themes that will run through a mediation that can be helpful to bear in mind.

Essentially, mediation is a process managed by the mediator. They will listen to preferences of advisers and clients as to what happens when, but essentially they will run the process with the objective of serving both parties optimally and take decisions with respect to that process accordingly. In terms of what is talked about and what is prioritised, this may be largely directed by the parties and their advisers, but when and how they are discussed will be managed by the mediator. ...

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