1. Meet and greet

1. Meet and greet

At the start of the mediation day, the mediator will usually welcome the parties and show them to their separate private rooms. These private rooms are often called “caucus rooms”. 

If the mediation agreement has not already been signed, the parties will usually sign it at this stage. The mediation agreement normally sets out matters such as confidentiality, the mediator’s role, the fees, and the parties’ agreement to take part in the process. 

The mediator may also discuss practical arrangements for the day, including timing, breaks, the use of joint and private meetings, and who will attend each session. 

The mediator may ask the persons attending to confirm their names and roles. This is important because all parties should be comfortable with the people present at the mediation, including legal representatives, company representatives, insurers, experts, interpreters or other advisers. 

The mediator may also check whether the parties or their representatives have authority to settle the dispute. This may be straightforward where the parties are individuals, as they usually have authority to settle their own disputes. However, where a party is a company, organisation or insurer, the mediator may ask whether the attending representative has been properly authorised to represent that party and to agree settlement terms. 

Where the amount of the claim is in issue, the mediator may check whether the representative has a financial limit on settlement authority and whether further approval from a board of directors, senior management, insurer or other decision-maker is required. If a representative does not have full authority to settle, the mediation may still continue if the parties agree to proceed on the basis that approval will need to be obtained before any settlement becomes final.