Nature of the Process
Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
Role of the Mediator: What does a Mediator do?
Mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is “fair” or “right,” does not assess blame nor render an opinion on the merits or chances of success if the case were litigated. Rather, the https://mediate.com/mediation-positions-vs-interests/mediator acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. The mediator will, however, seek concessions from each side during the mediation process.
Forbearance from Litigation During Mediation and Confidentiality of Proceedings
At the outset of a mediation process, the mediator may well seek agreement from the parties to forbear from litigation during the mediation proces and to hold everything that is saidhttps://www.nolo.com/legal-encyclopedia/mediation-six-stages-30252.html in the various sessions confidential and not deemed an admission or used against any party in any other proceeding if mediation fails.
Mediation steps
A mediator may use these six steps to complete and facilitate the formal mediation process:
1. Introductory remarks
When all parties are present, the mediator makes introductions. When everyone is ready and comfortable, the mediator gives an opening statement and outlines the role of the involved parties and their role as a neutral third party. They then use this time to explain the protocol for mediation to the parties and set the time frame. These opening remarks help the mediation process run smoothly. Some mediators also confirm the case data if briefs have been submitted in advance and may comment on what they believe to be the primary issue.
2. Statement of the problem
After opening remarks, the mediator allows each party to fully share their side of the story without interruption. This allows each party to share the issue from their perspective and allows the mediator to gauge the emotional state of each party. If the parties have their lawyers present, they may give the initial statement. However, the mediator also asks the client to make a statement for themselves.
3. Gathering of information
During this stage, the mediator asks open-ended questions and repeats back key ideas and frequently summarizes statements. This style of information gathering ensures clarity and also helps build rapport with the parties. The mediator may also take notes or record information for future reference and accuracy.
4. Identification of the problems
Ultimately, the mediator’s goal is to identify what the issue is, and in cases with multiple, which issues can be settled first or at all. This can occur throughout the prior two stages as well. They may use follow-up questions, outside sources and professional knowledge to prioritize and evaluate issues during this step
5. Bargaining and idea generation
In this stage, the mediator may propose a brainstorming session to identify several potential solutions. The mediator may also suggest a private caucus. This allows each party to meet privately with the mediator to discuss the strengths and weaknesses of each position. Each party enters a separate room and the mediator goes between the two rooms to discuss the problem and exchange offers. The mediator continues this process as needed during the time allotted and uses advanced conflict resolution skills to facilitate a positive solution for all parties.
6. Resolution
When the parties come to an agreement, the mediator typically puts the provisions in writing and asks each party to sign that they agree. If the parties cannot reach an agreement during the designated amount of time, the mediator may help them determine whether negotiations should continue over the phone or whether to meet again at a later date for additional intervention. If the partieshttps://www.nolo.com/legal-encyclopedia/mediation-six-stages-30252.htm agree to meet again, the mediator may repeat the mediation process at the next meeting to identify further issues and attempt additional resolutions.
Adeleke Damilola (ACTION) is a versatile content writer with expertise in news writing and a seasoned media professional and broadcast specialist. Currently serving as News Editor for DNews Info, Damilola is also the CEO of the ACTION brand, committed to shaping lives and establishing a legacy of excellence for present and future generations.
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