One of the attractive benefits of using the services of a mediator is the flexibility of the process. As opposed to going to trial court, the mediation process aims to help both parties to work out their differences and come to a mutually beneficial solution. Discussions are aimed towards hearing the other side, working things out, and making peace. Therefore, the whole experience does not to be so rigid and cold like that of battling out a disagreement in court.
Although mediation is relatively flexible and cooperative, it still abides by a procedural structure. The structure helps to maintain order and focus towards coming to a solution acceptable to everyone. Without such structure, discussion between opposing sides can easily deteriorate into nit-picking and inefficient tangent arguments. The following is a general breakdown of the mediation stages.
1) Mediators Introduction- During the introduction stage the mediator brings everyone "up to speed." On one hand, he or she presents background information that will be important for everyone to understand for the subject of the negotiations. On the other hand, the mediator also explains to everyone the structure and rules of the mediation process. Since the rules are established by the mediator from the beginning both parties learn that dignity and general good behavior will be expected from everyone.
2) Opening Statements- Each party is allowed to take the floor and present the disagreement in their own words and from their own perspective. The other party must sit and listen quietly without interrupting the others presentation. At this point everyone is encouraged, not only to define the problem but also, to present possible solutions.
3) Discussion- Now that everyone has had a chance to present their perspective, a (hopefully) cordial and solution-focused discussion takes place. Here it is the mediator's job to keep the direction of the discussions directed towards finding an agreement. If this stage goes very well it is sometimes possible to come to a final agreement right in the discussion stage, thereby skipping the next two steps.
4) Private Caucus- Here each party has time to meet and discuss their position with the mediator on an individual basis. In the private caucus meetings the mediator is able to discern the on what issues each party is willing to compromise and one what issues they are not. This is an important component of the mediation procedure because here each party is able to reveal to the mediator things that they would not like to tell the opposing party, such as how much they are willing to compromise. The mediator may just need to meet once with each party in a private caucus, and sometimes a number of times may be necessary. Once the mediator is satisfied that both sides are able to come to an agreement it is time for the next stage.
5) Negotiations- Just like it sounds, the negotiations are the final stage of discussion before signing on the bottom line to make an agreement.
6) Closure- Although ending the mediation relationship is not as heart-wrenching as breaking off a beloved relationship with a loved one, it does require closure. There are basically two ways that a mediation procedure can end, or "close." One way that a mediated relationship can end is with an agreement, which is the optimal ending. It is usually a good idea to take a copy of the final agreement to check it out with a lawyer before signing.
Never-the-less if the discussions did not end in an agreement the closure stage does serve a purpose. If there is no agreement reached then the parties meet together with the mediator, and the mediator will help to define for them what progress has come about. The he or she may suggest to them possible directions to pursue in the next step towards resolving the dispute.
Thanks to the structure of the mediation process all parties are able to remain focused on coming to an agreement rather than needlessly arguing.
Although mediation is relatively flexible and cooperative, it still abides by a procedural structure. The structure helps to maintain order and focus towards coming to a solution acceptable to everyone. Without such structure, discussion between opposing sides can easily deteriorate into nit-picking and inefficient tangent arguments. The following is a general breakdown of the mediation stages.
1) Mediators Introduction- During the introduction stage the mediator brings everyone "up to speed." On one hand, he or she presents background information that will be important for everyone to understand for the subject of the negotiations. On the other hand, the mediator also explains to everyone the structure and rules of the mediation process. Since the rules are established by the mediator from the beginning both parties learn that dignity and general good behavior will be expected from everyone.
2) Opening Statements- Each party is allowed to take the floor and present the disagreement in their own words and from their own perspective. The other party must sit and listen quietly without interrupting the others presentation. At this point everyone is encouraged, not only to define the problem but also, to present possible solutions.
3) Discussion- Now that everyone has had a chance to present their perspective, a (hopefully) cordial and solution-focused discussion takes place. Here it is the mediator's job to keep the direction of the discussions directed towards finding an agreement. If this stage goes very well it is sometimes possible to come to a final agreement right in the discussion stage, thereby skipping the next two steps.
4) Private Caucus- Here each party has time to meet and discuss their position with the mediator on an individual basis. In the private caucus meetings the mediator is able to discern the on what issues each party is willing to compromise and one what issues they are not. This is an important component of the mediation procedure because here each party is able to reveal to the mediator things that they would not like to tell the opposing party, such as how much they are willing to compromise. The mediator may just need to meet once with each party in a private caucus, and sometimes a number of times may be necessary. Once the mediator is satisfied that both sides are able to come to an agreement it is time for the next stage.
5) Negotiations- Just like it sounds, the negotiations are the final stage of discussion before signing on the bottom line to make an agreement.
6) Closure- Although ending the mediation relationship is not as heart-wrenching as breaking off a beloved relationship with a loved one, it does require closure. There are basically two ways that a mediation procedure can end, or "close." One way that a mediated relationship can end is with an agreement, which is the optimal ending. It is usually a good idea to take a copy of the final agreement to check it out with a lawyer before signing.
Never-the-less if the discussions did not end in an agreement the closure stage does serve a purpose. If there is no agreement reached then the parties meet together with the mediator, and the mediator will help to define for them what progress has come about. The he or she may suggest to them possible directions to pursue in the next step towards resolving the dispute.
Thanks to the structure of the mediation process all parties are able to remain focused on coming to an agreement rather than needlessly arguing.
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When looking to hire an arbitrator or mediator it is a good idea to check about cases which your potential arbitrator or mediator delegated on. Make sure that they do indeed have ample experience in your subject of dispute.
