The mediation process
As a rule, one of the parties contacts the mediator, who first verifies the absence of conflicts of interest. After an initial description of the situation, the mediator contacts the other party to ascertain their willingness to attend a preliminary meeting. Generally, both parties participate together from the first meeting, but separate consultations are possible, both at the beginning and during the course of mediation.
In the first meeting, the rules of conduct, costs, timelines, and essential organizational aspects are established. The mediator does not need to know all the details of the dispute in advance: it is the parties who explain their respective concerns and needs.
The question of costs is central. The mediator works with an hourly rate, but can also propose a maximum cap commensurate with the value of the dispute, thus offering greater cost predictability.
Lawyers, experts, or other figures chosen by the parties may be invited to participate in the mediation.