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Steps to A Mediation Process

Steps to A Mediation Process

1. Introduction to Mediation

Mediation is a process where two or more parties involved in a disagreement work with a mediator to arrive at a resolution. The mediator is typically a neutral third party who facilitates discussion and helps the parties involved in the dispute come to a mutual agreement. Unlike a courtroom setting where a judge makes the final decision, mediation gives the parties involved more control over the outcome and can result in a more personalized solution.

2. Initial Consultation

The first step in a mediation process is an initial consultation. During this phase, the mediator meets with the parties involved to gain an understanding of the dispute and assess whether mediation is a viable option. The mediator will explain the process and answer any questions the parties may have regarding the mediation process.

3. Selection of Mediator

Once both parties agree to proceed with mediation, they need to select a mediator. The parties involved can either agree on a mediator or consult with a mediation organization. It is essential to choose a mediator who has experience or training in the area of dispute to facilitate communication and ensure a successful outcome.

4. Mediation Sessions

The next step is the mediation sessions. The mediator will work with parties involved to decide on the format of the meetings, location, timing, and other arrangements. During the sessions, the mediator facilitates conversations and encourages both parties to voice their concerns and provide potential solutions to resolve the dispute.

5. Confidentiality Agreement

Before starting the mediation sessions, the parties involved must agree on confidentiality. Confidentiality agreement allows parties to discuss and share their interests, needs, and goals openly without the fear of their words being used against them in the future.

6. Agreement

The mediator works with parties to reach an agreement based on their needs, interests, and solutions generated during the mediation sessions. Once the agreement is reached, it is put in writing and signed by all parties involved.

7. Implementation of the Agreement

The last step is the implementation of the agreement. Both parties must follow the terms and conditions listed in the agreement. If either party does not comply with the conditions stated, the other party has the right to take legal action.

Conclusion

Mediation is an excellent way to resolve conflicts and reach an agreement that works for both parties involved. The process involves seeking the help of a neutral third-party person who facilitates communication to reach the resolution. By following these steps, the parties involved can achieve a successful outcome while maintaining a relationship founded on mutual respect and understanding.


Introduction

Although there are a number of ways a mediation process can proceed, there is a general framework that ensures that the process is methodical, fair and logical.  These steps are applicable to all forms of mediation, from interpersonal disputes, divorce proceedings or workplace issues.  This process will ensure that the two parties properly represent their case and the mediators have ample time to confer and decide on the frame work of an agreement.  It is important that both parties receive a fair amount of time to state their case and review settlement options.

Steps to a mediation process

The mediation process starts with rules of conduct, with both parties made aware of acceptable conduct during the proceedings and the prior knowledge that the mediator has on the dispute gleaned from briefs or any other sources.  All in the room agree on a timeframe for the mediation to reach its resolution.
The two parties will each make their case to the mediators, from their perspective and in their own words.  This is not treated as testimony would in court, but rather as an opportunity for the mediator to get a better feel of the perspectives of both parties.

The mediator will then ask both parties relevant questions about the issues, once again to gain a better understanding of the way the issue is framed in their mind.  Unlike in legal proceedings, these questions are not used to incriminate or pass judgment, only to ensure the mediator has the best possible understanding of the dispute and how he might resolve it.  Through this all, the mediator is thinking about how the case might be resolved.

Following this, the mediator may make some preliminary proposals which can be debated and modified by the parties.  A “caucus” with the client and either/or his attorney or mediator is also a common means of resolving the dispute and asserting the needs of the party.  Further proposals are made here to bring about a settlement.

With the mediator as the third party, eventually a settlement is agreed on and the dispute is resolved.  If the agreement is legally binding, it must be reviewed by attorneys and notorized.