SOME OF THE BASIC RULES OF THE MEDIATION
The mediation will not commence unless there is a signed Agreement to Mediate (the proforma of which can be found here).
The process of mediation, including the induction of the parties whether before or on the day of the mediation, is without prejudice and confidential.
The parties are to demonstrate a respectful attitude to each other which includes not talking over the top of other parties or their representatives and not making threats.
There is no settlement or resolution of an issue or issues between the parties to a claim for damages unless and until there is an agreement in writing between the parties and signed by the parties or their legal representatives (in such matters there will be no resolution/settlement based on an oral agreement only).
There is to be no audio or video recording (by whatever means - including AI or similar transcription type service or program) of any part of the mediation including any conversations with the mediator.
The mediator retains control at all times of the process of the mediation.
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Additionally, Uniform Civil Procedure Rules r326 provides:
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"Mediator's Role
1. The mediator may gather information about the nature and facts of the dispute in any way the mediator decides.
2. The mediator may decide whether a party may be represented at the mediation and, if so, by whom.
3. During the mediation, the mediator may see the parties, with or without their representatives, together or separately".
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