How to Choose a Venue for Mediation

There are some key criteria to consider when selecting a venue that can help a mediation run smoothly.

• Is a neutral venue preferable?

If the parties have solicitors or barristers representing them, often a mediation can take place at one of their offices. It’s often the cost effective option and therefore makes sense but there is a word of warning.

It is a false economy if one of the parties will perceive themselves to be on the others “turf” and be uncomfortable from the start. That isn’t conducive to securing a resolution and will not be in either parties interests.

The environment is important and given that there will already be tensions between the parties, increasing this with a venue that is not seen as neutral can start the process off on the wrong foot. If it can’t be avoided, take steps to ensure that both parties feel just as comfortable even if it means arranging to arrive much earlier and look around. A neutral venue has advantages providing it is equipped to handle the mediation; however with good preparation steps can be taken to even out any perceived advantage if that proves necessary. In any event, the mediation should ideally be somewhere convenient for all.

• Number of Rooms

The general rule of thumb is a room per party and one for the mediator.

The reasoning is that each party can then have their own private space for the duration of the mediation in which they can talk together and with the mediator without being overheard. This is important. The mediator generally has a room as well that is large enough to host a joint meeting between the parties if appropriate or to bring individuals together to discuss elements of the dispute. The mediator’s room is neutral and, similar to the point above, if you are to organise the mediation without a third room, there may, as above, be a need to consider how one of the parties would feel walking into the others room for a joint meeting. Territory can be relevant! Having said that there are many successful mediations that take place every day with only two rooms. It is helpful to talk over with your mediator as to what might best suit your mediation.

The rooms should also be able to accommodate those attending comfortably. If the room is tiny and everyone is squashed together, it will not help those attending to focus on the key issues in dispute. That might be seen as a good thing, but it isn’t.

• Facilities

Mediations vary in length and therefore it can be helpful for the venue to be able to accommodate the unpredictability of the process. The rooms might be needed for longer than initially anticipated and it makes it easier if you know that you can stay put if additional time is required. The alternative could be losing the good progress made and then having to re-locate somewhere else risking the loss of the momentum of the negotiations.

There should be water and drinks available and also refreshments for lunch and something in the afternoon to sustain everyone to overcome any dip in energy levels as the basic minimum. Alternatively, the parties should come prepared with food, snacks and plenty of drinks. It is not unheard of for local takeaways to be called upon to provide much needed sustenance when the process goes on after hours.

Having a good phone signal is important along with Wi-Fi/internet points, plug sockets for charging laptops and phones. A printer and/or copier is also very helpful. It can be helpful for each of the rooms to have a flip chart or white board and pens available.

If the mediation is taking place in the summer, having air conditioning is likely to be appreciated to keep everyone comfortable. Ensuring that the rooms are warm enough in the winter is of likewise importance.

If you have parties that are particularly acrimonious, it can be necessary to consider separate entrances to your venue or agreeing arrival times and also checking whether toilets facilities are in separate areas just so there is the reassurance of knowing that there is no risk of bumping into each other.

Having parking at the venue or nearby is also really helpful. It is also worth checking if using a public car park when it closes! Good transport routes may also be relevant to those attending.

• Venue Options

There are venues that cater very well for mediations and promote themselves for this purpose. It is always important just to check that they do meet your needs. Alternatives are meeting rooms at hotels, conference venues, corporate boxes at sporting venues and community centres to name just a few.

Always make sure on arrival that you have a means of contacting the manager or event co-ordinator on the day in case there is anything you need.

For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk