How does mediation work?
NRLA partner, the Property Redress Scheme tenancy mediation service, shares advice on how mediation works and explains the five stages of mediation.
If you haven’t taken part in mediation before it can be a daunting experience, but as we explained in our last article, ‘What is mediation and why does it matter?’, mediation is done in the comfort of your own home, over a zoom link, and the mediator is there to make sure everything runs smoothly.
The 5 stages of mediation
Let’s look at the five stages a mediation will take and how you can prepare for it.
Stage 1: Opening statements
Before the mediation is set up, your mediator will ask you to prepare your 'opening statement’. This should describe your side of the story and can either be read out by you or by the mediator to the other party.
The key rule during this part of the process is that no one party gets to interrupt any other party.
Stage 2: Joint discussions
After opening statements are read, each party is asked for their response to the other’s opening statement.
Both parties can ask open-ended questions to build a dialogue about what happened and the issues that must be dealt with to bring a resolution to the situation.
For property mediation we tend to have these discussions with each party separately, to limit any unnecessary comments which could set the mediation backwards, but joint discussions can work well for employment or family mediation.
Stage 3: Private discussions
Each party speaks privately with the mediator. Both sides will be in their own breakout room and will not see or hear the other party - the mediator will move between the parties to discuss the positions of each side.
At this stage the mediator will be asking questions and summarising the strengths and weaknesses of each party, so that all concerned are making informed decisions and understanding the position from the other person’s perspective.
This is also a good time to start exploring the ideas necessary to make a settlement work.
Stage 4: Negotiation
The mediator will know the exact time to start stage four and to bring the two parties to now work towards the agreement.
The goal here is to present all the ideas and agree on those that might work.
The mediator won’t start this stage until they know both parties are actually ready to come to an agreement. Doing this when the parties aren’t quite ready can lead to losing everything at this stage.
Stage 5: Settlement
This is the final step in the process. When the parties have reached an agreement, the mediator will draw the settlement up in a legally binding mediation agreement, which will be signed by both parties and will have consequences if either party fails to do what they have agreed.
More people stick to mediation agreements because they have been part of the process involved in reaching an agreement that they are happy with, rather than having it imposed on them or feeling pushed into something they can’t realistically achieve.
Why you should use mediation
Evicting tenants and chasing rent arrears through the court takes time and money.
What’s more, the courts will expect you to try and resolve matters before using the courts. Mediation can help resolve the situation amicably:
• It’s quick – we typically reach an agreement in 10 to 15 working days
• It works – tenants work with us once they realise we’re not just on the landlord’s side
• It saves you time, money and stress – we find fast practical solutions without incurring expensive court proceedings
Call 0203 907 1857 to find out more or start your mediation.
