ABSTRACT
The actual formal mediation process commences once an agreement to mediate has been reached between the parties and their mediator. If the parties have already provided for mediation in their underlying agreement, then a format for proceeding should already be in place, that is, the selection of a mediator by the parties from a pre-approved list, or by an appointing body such as the Chartered Institute of Arbitrators, or, in some jurisdictions, the selection of a mediator by the court. The disputing parties are then 'assigned' a mediator and the process can commence according to either the rules of the appointing body and the specific rules and procedures chosen by the mediator. It is the parties who must agree the mediator and this is usually sufficient for the process to begin. The initial interview can bring out issues as to how serious the parties are about mediation and, more importantly, how serious they are about reaching an amicable settlement.
