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.