Preliminary Conference Agenda: Mediation

It is likely that a preliminary conference in a mediation will deal with the following issues:

1. Finalisation of the mediation agreement – any proposed amendments and execution of the agreement.

2. Identification of the appropriate persons to attend the mediation. This may include legal advisers and persons parties seek to have present to provide support.

3. Explanation of the nature and process of mediation, including the role of the mediator and any legal advisers, and the confidential/without prejudice nature of mediation discussions. This may include a discussion of the extent to which the parties want the mediator to take on the role of conciliator.

4. Arrangements for the provision to the mediator or exchange between the parties of any further information or documents. This may include documents setting out the interests which the parties seek to advance in any settlement, designed to move the parties away from an emphasis on legal rights.

5. Mechanical arrangements for the conduct of the mediation, such as venue, date and time.

6. Arrangements for payment of the estimated mediation fees.

7. Other business.

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