The Mediation Process

Get Yourself Ready for Mediation

The procedure involves having both sides meet with the mediator well before a joint meeting is set up. At each of these gatherings the mediator will assist the disputants to comprehend the process and often will assemble material to help with the mediation process whilst maintaining an independant and neutral position on the issue at hand. At the time of the mediation, a neutral setting shall be selected and the mediator will begin by making an opening statement. Subsequently all sides will have a chance to share their thoughts and lay down their case without being interrupted. After everyone has had an opportunity to talk, the negotiations can start and each party is required to propose innovative and imaginative resolutions to the discord in order to find a mutually acceptable solution.

During the mediation process, either of the conflicting sides can ask for a moment alone with the mediator. This is what's called a caucus and it is entirely private. During a caucus, the details that the disputants divulge to the mediator is said in the strictest of confidence and cannot be used or revealed in the talks. Though it may be typically the disputants which will call for a caucus, the mediator may want to call for one if the behavior of the proceedings gets too heated as a way to reestablish some tranquility.

Resolutions are certainly not always attained and if after many hours you cannot find any progress towardsa resolution, the mediator might wish to close the procedure. Occasionally an extra session might be recommended or booked or if necessary another manner of Alternative Dispute Resolution (ADR) could be the best solution to the problem. Frequently, a contract is achieved that is satisfactory to both sides involved and an agreement will then be signed.

It is important to note that mediation is a totally voluntary procedure and that at any time either diputant can abandon the process. The willingness of all sides to take part in this kind of ADR signifies that they are ready to make a deal which is one of the factors that it has such a very good success rate. Contrary To taking someone to court where there has to be a winner and a loser, mediation means that both sides choose a solution that they'll work with.