Civil Engineering Reference
In-Depth Information
large enough to take everyone attending plus my Assistant and me and
that each party has a comfortable room as their base. I would also like a
flipchart in the main room (and in the others if possible) please.
Finally, I will have an Assistant with me at the mediation. [Her/his]
name is [xxx] and [s/he] is attending mainly to gain experience. Of course,
[name] attends without cost and will be bound by the confidentiality pro-
visions. I attach [her/his] profile for your information.
Feel free to contact me whenever you wish.
All the best. David
Invariably dates and venue are arranged by the parties' lawyers. The
mediator usually gets involved after the parties have agreed a date,
although sometimes there will be a call to the mediator to check which
dates s/he is available. It will be seen from the email above that most
mediators require minimal paperwork. The summary helps everyone
focus on what the key issues really are - so often they have been lost
in the detail of legal argument and peripheral issues - and the support
papers help identify the key documents that enlarge on the summary.
The time taken by the mediator to read-in depends on the case and on
the mediator. Three to five hours is normal - probably more on larger
or more complex cases. The important thing for everyone to remember
(including the mediator) is that substantive knowledge of the issues is a
secondary requirement. The primary role of the mediator is to manage
the process and give the parties their best shot at doing a deal. A good
mediator should be able to successfully mediate a case without any
papers or reading-in.
Case study
One construction mediation went ahead without any papers be-
ing provided to the mediator, despite a considerable number of re-
quests. When the names of the parties were revealed, the mediator
assumed that, because one was an air guidance systems manufac-
turer, the lack of information was due to the secret nature of the
work. The mediation reached settlement on the day and the media-
tor recognised that, after an hour or so, the lack of knowledge ceased
to be a problem. He also realised that the lack of information had
nothing to do with secrecy and everything to do with the lawyers
being 'too busy'. At one level their position was justified for the case
was settled and their faith in the mediator confirmed. At another
level their laziness set a dangerous precedent.
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