A whole day should be set aside for the mediation session. Those involved should clear their diaries and wherever possible, not be under too many time constraints. This is something that I discuss in pre-mediation discussions so that this is made clear. Often this is met with some surprise and a bit of resistance, particularly when people have busy schedules. It is amazing how often people assume that a conflict that has been ongoing for some considerable time can be resolved in a couple of hours!

In practice, it is surprising how quickly a day goes by when in the midst of the process. It is very unlikely that the parties will want to go back to work after such an intense and difficult process, and if they do, they are unlikely to be productive.

One word of caution: be careful not to go on for too long and be aware of how the parties are coping. There is a temptation at the end of the day to get things finalized and to keep going at all costs. In a particular mediation I undertook, we were nearing agreement so we carried on into early evening. In hindsight (and from later feedback) it would have been better to have broken and come back at another time to conclude, as the parties were getting very tired and were feeling pushed to reach agreement and then came out of the process feeling somewhat battered.

If you do not manage to reach agreement within one day, it is a matter of judgment (and agreement of the parties) as to whether you reconvene to try and conclude. If, as in my example, you are close to agreement and both parties want to continue and try and conclude, then that is no problem and it would make sense to continue. However, if the parties are still some way from agreement, then you do need to question (and discuss with the parties) whether agreement is a realistic outcome. If not, it is best to call it a day. Don't feel that this is some sort of failure; it is in the parties' hands not yours. Also, mediation is always worth a try; it is a learning experience for those involved and on occasion, agreement or resolution may follow some time afterwards.