The Mediation Day

This guide explains how I conduct mediations, to help participants know what to expect. If you have any questions, feel free to email me at alistair@pye-resolve.com.

My role

As a mediator, I do not give legal advice or decide the outcome. My role is to help participants reach a mutually acceptable resolution. I use the information shared during the day to guide constructive discussion and help you explore practical alternatives to litigation.

Initial private sessions

I begin by meeting each party privately (including legal representatives and supporters) to:

• Explain the mediation process and agreement.
• Confirm that all discussions are confidential and without prejudice, so nothing said can be used in court.
• Reinforce that I am neutral and cannot be called as a witness.
• Confirm each party has authority to settle, or clarify any limits.
• Discuss your goals for the day and ask key questions (e.g. legal costs incurred and expected trial costs).

These meetings typically last 20–30 minutes per party.

Joint session

If appropriate, I will invite all participants to a joint session to:

• Set ground rules (e.g. first names, no interruptions, respectful tone).
• Allow each side to explain what they hope to achieve.
• Encourage open discussion, including direct dialogue between parties when useful.
• Explore legal costs and the potential consequences of not settling.

Joint sessions vary in length and may be ended by anyone if unproductive. Often we move quickly into private discussions ("shuttle mediation") based on what best supports progress.

Further private sessions

Private discussions are confidential unless you explicitly allow me to share information. This helps you speak freely. Offers may be written down to ensure clarity, and I may summarise other key points (with your approval) before sharing them. Please don't ask what was said in the other room. I only share what I have been authorised to.

I aim to stay with each party as much as possible to observe and support the negotiation process, even during internal discussions. You are always welcome to ask me to step out if needed.