The Court Has Referred You to an Information Meeting on Mediation – What Does This Mean and How Should You Prepare?
Home>Blog>The Court Has Referred You to an Information Meeting on Mediation – What Does This Mean and How Should You Prepare?
If, in pending court proceedings, the court refers you to an information meeting on mediation, there is no need for immediate concern. This does not mean that you are required to settle. Nor does it mean that the court is compelling you to abandon your case.
The information meeting serves a different purpose. It gives the parties an opportunity to understand what mediationis, how it works, and whether it is suitable for their particular dispute. In other words, it is an orientation meeting.
This distinction is important. Many people perceive a referral to such a meeting as a sign that they must already begin making concessions — accept a proposal, sign a settlement agreement, or waive their rights. The meeting is intended to enable the parties to receive information and assess whether this approach makes sense in the specific case.
The law provides that, in certain types of cases, the court may require the parties to attend an information meeting on mediation. This applies to certain family, employment, civil, and commercial disputes. Most commonly, these are cases where there is a genuine possibility that the dispute may be resolved outside the courtroom.
Participation in an information meeting means that, after hearing the necessary information, the parties themselves decide whether they wish to proceed further. If they do not, the case continues in the ordinary course. In other words, the meeting does not deprive the parties of their right to judicial protection.
How does it work in practice? Usually, the mediatorexplains what mediationis, what its principles are, and what the mediator’s role is. It is clarified that the procedure is voluntary, confidential, and aimed at reaching a resolution that the parties themselves formulate.
If both parties consider that it is worth trying, substantive mediation may then begin. If even one party is unwilling, the procedure goes no further. This is one of the main distinctions between mediation and litigation. Mediation requires consent.
In which cases does the court not refer the parties to such a meeting? This applies to situations in which such an approach would not be appropriate. For example, where there is evidence of violence, a risk to a child, or disputes involving rights of which the parties may not freely dispose. This prevents a formal referral to mediation in circumstances where it would not be useful or safe.
One frequently asked question is whether the case is stayed because of this meeting. As a rule, the mere scheduling of an information meeting does not automatically suspend the court proceedings. If the parties consider that they need time for negotiations, they may request this in accordance with the applicable procedure. Otherwise, the proceedings continue.
How should you prepare? First and foremost, organise the facts of the dispute for yourself. Consider what outcome you would be prepared to accept. Identify the point beyond which you would not be willing to make concessions. Reflect on what matters most to you — speed, costs, timeframes, relations with the other party, or a predictable outcome.
It is advisable to bring the key documents relating to the case, especially where the dispute concerns a contract, payment, property, family relations, or an employment conflict. Even if the matter does not proceed to substantive mediation, preparation is still beneficial. It gives confidence. It makes the discussion more meaningful.
In more complex cases, it is prudent to consult an attorneyin advance. That way, you will understand the legal consequences of any potential settlement agreement and what it may or may not be advisable to accept. The information meeting may prove to be an important stage in the proceedings.
Sometimes, it is precisely at that stage that the parties first realise that the dispute may be resolved without unnecessary tension, without prolonged litigation, and without further aggravating their relationship. This will not be true in every case. Where it is, however, mediation may save time, costs, and emotional strain.
Accordingly, if the court has referred you to an information meeting, approach it calmly. Approach it prepared. Use it as an opportunity to assess whether your dispute admits of a more reasonable outcome. Sometimes, such a meeting is the beginning of a resolution that is more beneficial for both parties.
For consultation regarding mediation, preparation for an information meeting, and an assessment of whether this approach is suitable for your particular dispute, you may contact Anelia Ivanova Law Firm. Good advance preparation is often decisive for the calm and effective development of the case.