The Mediation Process

Structured. Prepared. Focused on Resolution.

Each mediation is conducted with thorough preparation and a disciplined framework designed to assist counsel and parties in reaching principled, efficient resolution.

Overview

Mediation is most effective when expectations are clear. The process is structured to ensure that counsel and their clients are heard, issues are properly framed, and discussions proceed in a focused and efficient manner.

While every matter presents unique dynamics, the general structure remains consistent.

1

Pre-Mediation Preparation

Counsel are encouraged to provide mediation briefs 10 days in advance of the scheduled date. Materials are reviewed carefully to identify:

Where appropriate, counsel may be contacted prior to mediation to clarify specific issues or procedural concerns.

Preparation ensures that mediation time is used efficiently and that discussions are grounded in the realities of the case.

2

Opening Session

The mediation typically begins with a joint session unless counsel agree otherwise.

This session provides:

An opportunity for the clients to set out their perspective
An opportunity for counsel to frame issues
Clarification of positions
Identification of key dispute points
Establishment of a professional and respectful tone

The format will be adjusted depending on the nature of the dispute, the sensitivity of the issues, or strategic considerations agreed upon by counsel.

3

Private Caucus Discussions

Following the opening session, the mediation proceeds through structured caucus discussions.

During caucus:

Experience in both plaintiff and defence litigation allows for balanced assessment of trial risk and negotiation dynamics.

4

Negotiation Phase

The negotiation phase will be adapted to the parties requirements.

The objective is not pressure, but principled movement grounded in risk analysis and realistic trial outcomes.

Where appropriate, structured proposals, bracketed negotiations, or mediator’s proposals may be utilized.

5

Resolution

If resolution is achieved, terms are documented clearly before adjournment.

If settlement is not reached, discussions may continue following mediation where appropriate.

Even where immediate resolution is not achieved, mediation often clarifies issues and narrows the gap between parties.

Sensitive and Institutional Matters

In cases involving institutional liability, sexual abuse claims, or public authority disputes, the process is structured to ensure: