The Mediation Process

There are 6 steps to a formal mediation;

1) introductory remarks,

2) statement of the problem by the parties,

3) information gathering time,

4) identification of the problems,

5) bargaining and generating options, and

6) reaching an agreement

Mediation is a process in which a third-party neutral assists in resolving a dispute between two or more other parties. It is a non-adversarial approach to conflict resolution. The role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet the interests or needs of all relevant parties in an effort to resolve the conflict.

Unlike arbitration, where the intermediary listens to the arguments of both sides and makes a decision for the disputants, a mediator assists the parties to develop a solution  themselves. Although mediators sometimes provide ideas, suggestions, or even formal proposals for settlement, the mediator is primarily a "process person," helping the parties define the agenda, identify and reframe the issues, communicate more effectively, find areas of common ground, negotiate fairly, and hopefully, reach an agreement.  A successful mediation effort has an outcome that is accepted and owned by the parties themselves.

Mediation can be used in a wide range of situations including Family Law, neighbourhood, commercial and workplace disputes, parent/adolescent conflicts, problems at school and issues concerning the care of the elderly.

The mediation process involves:

• the parties listening to each other's point of view without interruption
• identifying issues which need to be resolved
• sharing of relevant information
• exploring ideas and options
• testing possible solutions
• putting decisions and agreements in writing

Mediating a dispute: