Mediation in plain terms: what happens in the room and what to bring
The contractor's first mediation concerns disputed extended site costs. The project manager has the whole job file but does not know which people need to attend or who can approve a proposal. The company needs a focused preparation meeting before the mediation day.
Bring the defined disagreement, the key evidence and people with confirmed authority to discuss settlement. A mediator assists the parties toward agreement and does not impose the outcome. Justice Canada's mediation guide describes joint and private discussions and emphasizes agreement about confidentiality and its limits. Confirm the actual procedure with advisers and the mediator; attendance requirements, session order and settlement approvals are not identical in every case.
Prepare a team that can use the session
- Agree the issue summary and key support. State what is requested, the other party's position and the important points of agreement or dispute. Assemble the relevant contract references, chronology and traceable cost or time support. Prepare to find a record quickly instead of opening the entire project archive whenever a question arises.
- Confirm attendance and authority. Identify who explains the work, advises the company and approves any settlement. Clarify limits before the day and make necessary decision-makers available through an agreed arrangement. The person who knows the records best may not have authority to commit the business.
- Check the procedure and information rules. Review submissions, session format, confidentiality arrangements and any exceptions with the appropriate advisers. Ask how information shared privately with the mediator will be handled. Do not assume every conversation, document or later use is automatically protected by a blanket rule.
- Prepare options and their consequences. Discuss realistic settlement parameters with the authorized team, including payment timing, ongoing work and other relevant terms. Test proposals against actual business needs and advice. Keep settlement discussion distinct from a conclusion that the claimed amount is legally owed or every requested day has been proven.
- Review and record any proposed agreement. Take time for the required adviser and authority checks on the written terms. Confirm what is resolved, payment dates, implementation and any releases or remaining issues. If there is no agreement, record the next advised action; do not treat attendance as a promise of settlement or neglect other obligations.
Common mistakes
- Bringing records without a concise explanation of the dispute.
- Arriving with nobody able to approve or obtain approval for a proposal.
- Assuming confidentiality has no agreed or legal limits.
Checklist
Ready for the agreed mediation format
- Clear issue and each party's position.
- Accessible evidence and reconciled support.
- Attendees and settlement authority confirmed.
- Procedure and information rules reviewed.
- Options and approval limits prepared.
- Adviser review of any written settlement.
Check your understanding
The mediator suggests a number, but your approval limit is lower. What should you do?
