ABSTRACT
The actual mediation can consume as little as a few hours in simple disputes or in complex matters it can take place over many sessions and consume a lengthy period of time. The key objective for mediators, whatever the duration of the mediation, will be to ensure that the parties feel that the process continues to make progress towards settlement. It does not matter under what scheme the mediation is commenced, but what does matter is how the mediator conducts the mediation. There are many different overall checklists that the mediator can prepare to help determine the likelihood of settlement. When commencing the opening remarks, the mediator should remember that the parties are there to attempt settlement and not just to listen to the mediator drone on about various items of minutiae. The most important thing a mediator can do is to make sure the parties understand the mediation process.
