MEDIATION OVERVIEW
I. Opening Statement
Purpose:
Establish a comfortable environment
Develop rapport — trust in the mediator/process Clarification of roles (Mediators control the process, disputants control the outcome.)
Clarification of process
Time constraints
Agreement to Mediation Confidentiality
Establish role of attorneys, if any
Explain the caucus
Explain the voluntary nature of the process
Establish appropriate communication guidelines
Agreement to comply with guidelines
II. Story Telling/Venting and Summarizing
Purpose:
To allow disputants uninterrupted time to tell their story
To explore the issues and feelings surrounding the dispute
To summarize only the relevant information/issues
To discuss the impact of what has happened
To lay the groundwork for understanding
Mediator Tasks:
Listen
Take notes
Begin to clarify facts and feelings
III. Defining and Clarifying the Problem/ Prioritizing Issues and Interests/ Establishing Mutual Understanding
Purpose:
Set the stage for problem solving by clearly naming the issues to be tackled.
Focus the disputants on mutual interests and away from positions.
Promote understanding but not necessarily agreement.
Methods:
List and prioritize the issues
Frame issues to create acceptance, not resistance
Work the agenda, but do not problem-solve at this time
Draw out underlying interests
Look for common ground
Promote dialogue between disputants
IV. Problem Solving/Search for Resolution
Purpose:
Look for agreement
Promote dialogue between disputants
Brainstorming options
Establish criteria
Explore solutions
Form agreement on solutions
Methods:
Select items from the agenda
All solutions should come from the parties, not the mediator
Consider all suggested options, do not critique
Narrow the solutions to the parties most favored resolutions based on criteria
Negotiate the specifics of each solution, how, when, how much, etc.
V. Agreement
Purpose:
Clarify agreement
Write agreement
Sign agreement
Method:
Use plain language
Identify people by full names
Specify dates
Specify method of payment
Answer quantity, time, individuals, price, subject matter
List each provision separately
Omit any mention of blame, fault, or guilt
Do not involve third parties in payment implementation (especially yourself)
Include the parties’ intentions
Check for the three satisfactions
VI. Closure
Thanks and Congratulations to Parties on Their Success
Distribution of Copies of Agreements
Referral (Back to Court, etc.)
Reminder of confidentiality of all matters discussed
Expectations of performance
Possibility of future mediation should any future disagreements arise.