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How mediation works

What this module covers

A mediation day from start to finish

Confidentiality and without prejudice

Read this before the quizzes

A label is not enough

Which protection applies

From talks to a settlement agreement

The handshake at nine o'clock

Answers and why

The other routes

Negotiation and early neutral evaluation

Adjudication and expert determination

Arbitration in brief

A view from a retired judge

Losing the first round

Choosing a route and writing it down

Choosing a route

Writing ADR into a contract

Wording that can be enforced

Talks and the clock

Before you start the drills

How mediation runs and how its language works, from confidentiality and without-prejudice talks to the signed settlement. Then the other routes in brief, and how to choose one and write it into a contract.

This module starts with mediation and stays with it longest: how the day runs, what stays private and why, and how talks become a binding agreement. It then sets negotiation, early neutral evaluation, adjudication, expert determination and arbitration beside it.

Alternatives to Litigation: Mediation First

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