The mediation process

Contact Laurence by email or phone to discuss your dispute. This conversation is free and without obligation.

Laurence will listen to the background, ask a few questions, and advise whether mediation is suitable. If both parties have not yet agreed to mediate, he can advise on how to raise it with the other side.

Once both parties agree to proceed, Laurence handles the administrative arrangements: agreeing a date, confirming the venue (or setting up a Zoom session for remote mediations), and sending out the mediation agreement for signature.

Before the mediation, each party submits a short position paper — typically no more than a few pages — setting out their view of the dispute, what they want to achieve, and any particular concerns. These are exchanged between the parties.

Parties also share relevant documents: correspondence, expert reports, valuations, or any other material that helps Laurence understand the issues.

Laurence reads everything carefully before the mediation day. He arrives fully briefed on the key issues, which means the day can be used productively rather than spent bringing him up to speed.

The mediation day can begin with a joint session, at which both parties (and their solicitors, if represented) are present. Laurence sets out the process, confirms the ground rules — in particular the confidentiality of the process — and invites each party to say something about their position.

The joint session is not a court hearing. There is no cross-examination and no debate. Its purpose is to ensure both sides have heard each other's position directly, and to give Laurence a sense of the dynamics between the parties.

The parties can elect not to have an opening joint session if they wish.

The parties then move to separate rooms. Laurence shuttles between them in a series of private sessions — called caucuses.

In each caucus, Laurence explores the party's position and interests in depth. What do they actually want? What are their concerns about the other side's position? What would a good outcome look like? What is their best alternative if the mediation fails?

Everything said in a caucus is confidential. Laurence will not share what you tell him with the other side without your express permission. This confidentiality is fundamental to the process — it allows parties to speak candidly in a way they cannot in open correspondence or before a court.

As the day progresses, Laurence uses what he learns in the caucuses to help the parties move from fixed positions towards a settlement. This may involve reality-testing each party's position, exploring creative solutions, or simply facilitating an exchange of offers.

Laurence does not impose a solution or tell the parties what they should agree. His role is to help them see their dispute more clearly — the strengths and weaknesses of their position, the cost and risk of continuing to litigate, and the range of outcomes the other side might accept.

If the parties reach agreement, the terms are written up and signed before the end of the day. This creates a binding contract immediately — there is no need to wait for formal documents to be drawn up afterwards.

If the parties do not settle on the day, nothing is lost. The process is entirely without prejudice: nothing said during the mediation can be used in subsequent court proceedings. Many cases that do not settle on the day reach agreement shortly after, once both parties have had time to reflect.