Mediation is not a court trial. Its purpose is not simply to prove that the other party is wrong, but to explore whether the dispute can be resolved on acceptable terms.
Proper preparation and constructive participation can significantly improve the prospects of reaching a workable settlement.
Before the mediation
| What to do | What not to do |
|---|---|
| Understand the important facts, documents and disputed issues. | Attend without properly understanding your own case. |
| Identify what you genuinely need from a settlement. | Focus only on defeating or punishing the other party. |
| Consider several possible settlement options. | Arrive with only one fixed demand and no alternatives. |
| Assess the cost, time and risk of continuing the dispute. | Assume that success in court or arbitration is guaranteed. |
| Obtain legal advice where necessary. | Rely on the mediator to act as your legal adviser. |
| Ensure that the person attending has authority to settle. | Send someone who cannot make meaningful decisions. |
Preparation does not mean deciding in advance that a settlement must be reached. It means understanding the dispute well enough to evaluate any proposal responsibly.
During the mediation
| What to do | What not to do |
|---|---|
| Explain your concerns clearly and respectfully. | Use personal attacks, threats or insulting language. |
| Listen carefully to the other party’s explanation. | Interrupt or treat the discussion like cross-examination. |
| Ask questions when something is unclear. | Make assumptions about what the other party means. |
| Focus on both legal rights and practical interests. | Repeat legal positions without considering possible solutions. |
| Be honest about proposals you can realistically perform. | Offer terms you do not intend or cannot afford to honour. |
| Keep an open mind while assessing each proposal. | Reject an option merely because it came from the other party. |
| Take time to understand the consequences of settlement. | Agree under anger, pressure, exhaustion or confusion. |
| Respect the confidentiality of the process. | Record or publicly disclose mediation discussions. |
A mediation conference should not be treated as an informal courtroom. A forceful presentation may sometimes be necessary, but aggression can prevent the parties from identifying a practical solution.
Understand the mediator’s role
The mediator is a neutral facilitator. The mediator may help identify issues, improve communication, test possible options and assist the parties in recording agreed terms.
The mediator does not act as the lawyer of either party, decide who should win, guarantee that a proposed settlement is beneficial, or force a party to accept an agreement.
Under Sri Lanka’s Mediation (Civil and Commercial Disputes) Act, No. 13 of 2026, a party engages directly in mediation but may be accompanied by an Attorney-at-Law or another person who can assist in reaching a solution.
If a settlement is reached
Before signing a Settlement Agreement:
- read every term carefully;
- confirm that the obligations are clear;
- check amounts, dates and payment arrangements;
- identify what happens if a term is not performed;
- ensure that all agreed matters are included;
- obtain legal advice where necessary; and
- do not rely on additional verbal promises.
The settlement should clearly identify what each party must do, when it must be done and how the dispute will be concluded.
If no settlement is reached
An unsuccessful mediation is not necessarily wasted. It may clarify the real issues, reveal what prevents settlement and help the parties evaluate the risks of continuing the dispute. Parties must nevertheless remain conscious of legal deadlines, prescription and required procedural steps.
Participate with purpose
An open mind does not require a party to surrender legal rights. It means evaluating whether an agreed solution would be better than the cost, delay and uncertainty of continuing the dispute.
Related mediation guides
What Is Mediation, and When Can It Help Resolve a Dispute?
Sri Lanka’s New Civil and Commercial Mediation Law
Note: This article provides general legal information and does not constitute legal advice. Advice appropriate to the circumstances of the particular dispute should be obtained where necessary.
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