Mediation Process:
How a mediator guides a typical case
Step 1: Both parties arrange to meet with the mediator in separate sessions called "intake
sessions." Here, the mediator speaks with each party; getting a clear picture of each individual's perspective on the
circumstances of the conflict, and tries to 'uncover any landmines that may be on the road to resolution.' The mediator begins
to help the parties identify the roots of the conflict and how best to approach the mediation. This intake session is typically
about two hours.
Step 2: At a later date, both parties meet together with the mediator
to work towards the goal of resolving all aspects of the dispute, including the substantive issues of the case and any underlying
relationship issues, working towards all of the parties having a lasting peace with the outcome and one another. The first
mediation session is usually scheduled for three hours. Further sessions are usually two hour segments. The total number
of sessions depends on how effectively the parties engage collaboratively in approaching resolution.
Step 3: When the parties need or desire a written agreement, the mediator prepares a draft memorandum
of agreement for all parties approval and signature. A signed agreement becomes a contract between the parties.
For this reason, each party should have a mediated agreement reviewed by independent legal counsel before signing an agreement.
The mediator is an impartial participant in the process, and will not instruct either party on what to
do in terms of decisions and plans; the mediator's goal is to simply guide each party towards reaching decisions they make
on their own. Where legal issues are involved, the mediator can provide legal information related to the matters at issue.
Mediation allows both parties to keep total ownership over the outcome of their conflict. If parties are unable to reach
a common goal on substantive matters, arbitration is the recommended next step. Alternatively, if the parties would
consider it of value in reaching a voluntary resolution before pursuing other options, the mediator may, at the mediator's
discretion, issue an advisory opinion that shall not be legally binding.
If parties want
a closed end process that will produce a binding result even if mediation is not successful, they may submit the dispute to
mediation/arbitration (med/arb) which binds the parties to proceed to arbitration if mediation is unsuccessful.
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