Understanding The Mediation Process

Mediation is a process in which two or more parties resolve disputes by allowing a third party to assist in negotiation leading to a settlement

. The process of mediation is quite simple and heres how mediation works.

First, both parties should be present before the mediator gives the introductory remarks. A contained physical setting is set so neither party will feel threatened. The opening statement will be given by the mediator outlining the participants position and shows the mediators impartiality. In some cases, a mediator can present interpretation base on their observation and verify the issues. The mediator will then define the procedure and set the time frame of the method. The mediation procedure will be evaluated and the mediator will give a short recap of what has just transpired.

Ground rules will be established in the introductory remarks of the opening statement. These will aid the process of mediation to run along in a smooth fashion. If in some cases where a lawyer is present in the proceedings, the lawyer can talk but as much as possible their clients should speak on their own. Interrupting the other party during his time to talk is not allowed as the mediator will allowed each party to air their side.

Second step is to give chance for both parties to present their side without interruption from the other side. Usually, the first to speak will be the one who asked for the mediation. It does not necessarily mean it should be a narration of the details, but it is to provide the parties a chance to form the problems in their own view and their emotional condition will give the mediator more information. The basis for this is to help resolve the issues and not investigate the truth.

Thirdly, the mediator gathers all the necessary information by asking both parties unrestricted questions in order to obtain the emotional status of each party. Repeating back key thoughts and recapping it often, helps the mediator to develop a rapport between the two parties particularly if the style used is facilitative.

Fourth step is to identify the problem by finding mutual objectives between the parties involved. The mediator will work out which problems will be resolve first or which issue will be able to straighten out.

Fifth stage is the bargaining and generating options leading to reaching of an agreement. In this phase, there are methods to develop options and it can consist of discussion group or sub group, group processes, form hypothetical plausible settings or the mediator can offer proposals and both parties can modify it in an alternating way. On the other hand, caucus is the most frequently used method in this phase.

When the participants are already consigned to reach a negotiated agreement, the mediator will then propose to search for possible answers that can result to a final settlement thus diffusing the difference and present a new beginning in the future. A mediator can also convene private sessions with both participants one by one for the progress of the negotiation and the meeting will be classified.

by: Craig Simons

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