Mediation Process

Stage one - Initial contact with party 1

  • Introductions
  • Explaining Mediation, the role of the mediator and confidentiality
  • Finding out about the situation
  • Acknowledging emotions
  • Establishing what Party 1 wants
  • Deciding on the best course of action
  • Seeking agreement to continue with Mediation

Stage two - Initial contact with party 2

  • As in stage one: Party 2 is treated in the same way as Party 1, plus:
  • Gaining trust
  • Exercising impartiality
  • Maintaining confidentiality

Stage three - Preparing to work on the dispute

  • Identifying the best way forward
  • Choosing face to face mediation or another model
  • Preparing the disputants, including establishing their commitment
  • Preparing the Mediators
  • Preparing the venue

Stage four - Face-to-face session

  • Welcome and introductions
  • Establishing the ground rules
  • Explaining and agreeing the process
  • Providing uninterrupted time for each party
  • Summarising each parties view
  • Giving an overall summary of the dispute
  • Eliminating non-mediable issues
  • Encouraging an exchange between the parties
  • Managing early disruption/dispute
  • Setting and agreeing the agenda

Stage five- Exploring and working on the issues

  • Sorting the issues with the parties
  • Managing the conversation
  • Checking understanding and clarifying assumptions
  • Re-framing
    • changing the focus from the past to the future
    • Identifying people’s concerns and interests
  • Summarising areas of consensus
  • Acknowledging and moving on from differences and disagreements
  • Weighing up the consequences of not settling
  • Re-visiting (and re-negotiating) the agenda
  • Using side meetings

Stage six - Building agreements

  • Highlighting offers and options
  • Encouraging problem solving
  • Noting conciliatory gestures and statements
  • Helping parties to generate and evaluate options
  • Drafting agreements
  • Deciding who will see the agreements
  • Considering further sessions
  • Creating fall-back arrangements in case the agreement breaks down
  • Considering contingencies if agreement is not reached

Stage seven - Closure and follow-up

  • Closing the session and thanking participants
  • Agreeing whether a follow-up or monitoring period is appropriate Debriefing the mediators

Mediation Navigation

Mediation Process

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