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What happens in
mediation?
Mediation brings together all the parties to a
dispute with a trained, neutral facilitator that all parties find
acceptable. Here is a brief overview of what happens inside the
room:
1. The facilitator introduces the parties to the mediation
process and
sets the ground rules for discussion. The
ground
rules are intended to provide a fair and
nonjudgmental environment in
which the parties can speak
candidly
with each other.
2. Each party is given the opportunity to relate his or her story
without
interruption. The facilitator may ask
follow up
questions of each to
clarify information and avoid
misunderstandings.
3. The facilitator helps the parties define the issues in a neutral
fashion, forming the basis of the problem-solving
discussion
to follow.
The parties may be asked to rank the issues by
importance.
4. The facilitator asks each party how each issue can be
resolved.
The parties are encouraged to provide their
ideas. With the options
on the table, the parties discuss
which of them can satisfy the interests
of all
concerned.
5. When the parties agree on a solution,
the facilitator drafts
an agreement that the parties sign. The
agreement
becomes
binding between the parties and is enforceable in court.
Mediation sessions may take place at the office of a mediator or mediation
center, or at another location agreed upon by the parties. Sessions
may vary in length, depending on the complexity of the issues.
Disputes may often be resolved in one session, but sometimes more may be
necessary. |
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