6. Further joint meetings and final joint session

6. Further joint meetings and final joint session

As the negotiation progresses, the mediator may bring the parties back together for further joint meetings. 

Further joint meetings may be used to: 

• summarise progress; 
• narrow the remaining issues; 
• allow the parties to negotiate face-to-face; 
• communicate important messages, such as an apology or expression of regret; 
• confirm the terms of agreement; 
• identify practical obstacles to settlement; 
• discuss payment timing and default provisions; 
• decide how court or arbitration proceedings will be disposed of; 
• deal with legal costs; and 
• discuss how the parties can avoid similar problems in future. 

If the parties have an ongoing business or personal relationship, this stage may be particularly useful. The parties may agree practical arrangements to improve communication and prevent further disputes. 

A final joint session may be held when the parties appear close to settlement or when it would be useful to bring them together to clarify the remaining issues. The purpose of the final joint session is usually to assist the parties to finalise negotiations and, if possible, reach an agreed resolution. 

At this stage, the mediator may help the parties: 

• clarify the offers being made; 
• confirm what has already been agreed; 
• identify any remaining uncertainties; 
• check whether the proposed terms are practical; 
• ensure that the parties understand the consequences of the proposed agreement; and 
• confirm whether any further approval is required from a board of directors, senior management, insurer or other decision-maker. 

The mediator’s role is not to impose a settlement, but to assist the parties in finalising their own agreement. 

Sometimes, the parties may be able to agree on some issues but not all issues. In that situation, the mediator may help the parties identify which matters have been resolved and which remain unresolved. Even a partial settlement may be useful because it can narrow the dispute and reduce the time, cost and risk of later proceedings. 

For issues that remain unsettled, the mediator may help the parties reality test their alternatives to settlement. This may include considering the likely cost, delay, uncertainty and practical consequences of continuing with litigation, arbitration or another dispute resolution process.