Rules of Mediation

At the start of the mediation, the mediator will briefly lay out the rules under which the mediation will be conducted. These include:

  • the mediator is impartial and cannot give any legal/financial advice
  • all discussions are to be conducted in a respectful manner
  • everything that is said by either party (or anyone accompanying the party) or by the mediator is confidential
  • while the aim of the mediation is to attempt to reach a settlement between the parties, this will only happen if both parties freely agree
  • if a settlement is reached, a Terms of Settlement document will be drawn up and signed by both parties before they leave the mediation
  • the mediator controls the conduct of the mediation and can stop the mediation at any time
  • either party may withdraw from the mediation at any time, in which case the mediation is terminated
  • any settlement agreement signed at the conclusion of the mediation is binding on the parties.

The Mediation Process

During the Mediation

About the Mediator – Daan Spijer