5 Steps to the Mediation Process
Introduction
Mediation is a confidential and informal process that helps resolve conflicts and disputes in a non-adversarial manner. It presents an opportunity for parties to come together and communicate in a positive manner, with the help of a neutral third party. In this article, we will discuss the five steps of the mediation process.
Step 1: Mediator’s Introduction
The mediation process begins with the mediator introducing themselves to all parties involved in the dispute. The mediator will explain their role and the purpose of the mediation session. The mediator will also establish guidelines for the session, including the importance of confidentiality, respect for all parties, and agreement to negotiate in good faith.
Step 2: Opening Statements
After the mediator’s introduction, the parties involved in the dispute will have the opportunity to make their opening statements. Each party can share their perspective, concerns, and goals for the mediation session. The mediator may ask clarifying questions to ensure all parties have a clear understanding of each other’s position.
Step 3: Negotiation
The negotiation phase is the heart of the mediation process. The mediator will facilitate a discussion between the parties, to identify potential solutions to the dispute. The mediator will encourage open and respectful communication to ensure all parties feel comfortable during the negotiation process. The mediator may suggest different solutions and encourage parties to compromise to reach a mutually acceptable agreement.
Step 4: Agreement
If a solution or agreement is reached, the mediator will document the terms of the agreement. The agreement may be verbal or written, depending on the preferences of all parties involved. The mediator will ensure that all parties understand and agree to the terms of the agreement before it is signed.
Step 5: Closure
The final step of the mediation process is closure. The mediator will ensure that all parties feel satisfied with the terms of the agreement, and that they understand the enforceability and legal consequences of the agreement. The mediator will also discuss next steps and the possibility of follow-up meetings if necessary.
Conclusion
Mediation is a collaborative and voluntary process that promotes communication and seeks to resolve conflicts and disputes. The mediation process follows a structured framework, including an introduction by the mediator, opening statements by all parties, negotiation, agreement, and closure. This process is crucial in ensuring all parties are heard, respected, and find a mutually acceptable resolution to their dispute. By understanding the steps of the mediation process, parties can feel prepared and confident during the mediation session.
What is the mediation process?
There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.
INTRODUCTORY MEETING
The introductory portion of the mediation is a way for all parties involved to feel comfortable with the matter. The mediator will usually introduce him or herself to the parties and explain the role that the mediator will take, insure that he/she is a neutral individual whose goal is to insure are result that is both fair and just for each party involved. The mediator, if given pre-mediation documents, will give a general statement about what he/she sees as the issue involved. Lastly the mediator will outline what the process will be in the mediation and discuss the protocol that should be followed.
STATEMENT OF THE PROBLEM
After the introduction the mediator will give each party the opportunity to explain the issue and tell their side of the story. It is imperative at this time that the party not speaking is silent. The entire point of mediation is to come to a reasonable agreement, when parties start bickering with each other the point of mediation is lost.
INFORMATION GATHERING
If they have not already been submitted to the mediator, the mediator will request something in the form of a brief detailing the facts, evidence and any other pertinent information that may help the mediator come to a conclusion. After this the mediator will ask questions of the parties individually in order to flush out reasons, both fiscal and emotional, for why that party has operated in a certain manner or why they seek a certain result.
IDENTIFICATION OF THE PROBLEM
This step is somewhat self-explanatory. The mediator, through the information received through briefs and previous dialogue will discuss what he/she feels is the heart of the issue.
BARGAINING
Once the issue or issues have been determined the bargaining process will begin. The bargaining session is the most creative of the steps. It can involve many different types of focus including group processes, discussion groups and hypotheticals. A common usage is the “caucus.” Often the mediator will put a proposed settlement on the table and require the participants to amend the settlement until they come to a reasonable solution. Another route is that the mediator will meet with each party privately to hammer out negotiations. The private meetings are confidential and provide an environment, outside the view of the other party, to brainstorm and discuss emotions and fears.
How long will it take to mediate?
Mediation, in genera will cost between $3,000 and $4,000 which is split between the parties. This includes the cost of preparing documents, the mediator’s fees, representation, etc. It is also less time consuming and the average mediation takes about 3-5 days depending on the complexity of the matter. As with anything else, this is a guideline and the cost and time associated with mediation may take longer and cost more. Either way, it is less costly, quicker, and more efficient than going to trial.
