Mediator conducts First Interview with the Parties

In the structured interviews by the Mediator with the Parties, the following aspects will receive specific attention:

  • the concepts of confidentiality and “without prejudice of rights”;
  • an explanation of the mediation process and the requirement of good faith;
  • the background to the dispute and developments thus far;
  • the Mediation Agreement and the material terms contained in it;
  • guidelines to assist the parties with preparations leading up to the mediation, as well as preparing for the mediation itself;
  • practical arrangements –
    • possible exchange of documents;
    • who the participants will be, confirmation of mandates, etc.;
    • provisional date, time and place of mediation;
    • expected duration of the process;
  • the clarification of any uncertainties.

After conclusion of the Mediation Agreement, and the signature thereof by the parties (including the Mediator), a costs estimate will be issued by KBM to the parties