The Mediation Process

Major Components of a Mediation Session Preparation (by Mediators) Opening Statement Uninterrupted Time The Exchange Note: Caucuses can occur Setting the Agenda any time Building the Agreement Writing the Agreement Closing Statement

Preparation Arrange the room – this is very important, so do it thoughtfully Review case information/learn names Review facilities, including place for caucuses Co-mediators discuss case and divide up tasks

Opening Statement Keep it simple and clear and include: Welcome/encouragement Purpose of mediation/mediator’s role Logistics: Get forms signed, explain timeframe, breaks, etc. A clear explanation of confidentiality An overview of the mediation process The possible use of caucusing An opportunity for questions A verbal commitment by each party to proceed

Uninterrupted Time Set a serious, respectful tone Explain briefly the role of the listener(s) and the speaker during this phase of the mediation Select the first speaker Protect each person’s speaking time Get the parties to address the mediator(s) rather than the other parties Don’t ask questions yet Formally end each speaker’s time Summarize, including key issues raised (optional)

The Exchange Start this phase by asking a question to one of the parties Stay in control, but allow a free exchange Be sure everyone participates Allow emotions to surface, but don’t push for them Ask good questions that focus on key issues Take notes as interests and issues are revealed Don’t rush to the “solution phase”

Tips for Managing the Exchange Restate/summarize as needed to help the parties clarify their interests and goals If things start to get out of hand, ask the parties to prepare lists of questions they want answered and then focus the discussion around answering them Caucus (if necessary) Try to keep everyone focused on their mutual interests in working things out Be on the lookout for moments of understanding and signs that reconciliation may be possible

Transitioning to Agenda Setting When the exchange slows down or you start to see signs that resolution is possible, begin to make the transition Summarize the key interests, concerns, and issues that have been raised and look for signs that the parties are comfortable with your summarization Decide whether or not a break would benefit the parties or disrupt valuable momentum If you do take a break, use the time to work with your co-mediator to compare notes and prepare for the next phase