On the contrary, since the philosophy behind the mediation procedure is based on helping parties work out their differences without the need for a third party to make a decision, there is a relatively large amount of flexibility built into the system.
Good Stuff Happens in 1:1 Meetings: Why you need them and how to do them well
Find the Five Important Steps of Mediation Process
1. Find the Five Important Steps of
Mediation Process
Unlike taking a dispute to court, when two parties take their disagreement to a
mediator the process of coming to an agreement does not need to be extremely
rigid and formal. On the contrary, since the philosophy behind the mediation
procedure is based on helping parties work out their differences without the need
for a third party to make a decision, there is a relatively large amount of flexibility
built into the system.
Indeed meditation is a particularly flexible process, but there remains a necessary
element of structure in order to define the direction of the discussions. Without
enough structure, opposing parties can easily get carried away with arguments
over issues that may distract them from cooperating. Here is a typical breakdown
of the mediation process.
1) Mediator Introduces the Process to Both Parties- The mediation introduction is
more than just an ice-breaker, and at no point does everybody go around the
table and say "if I were an animal the animal I would be is a..." Rather the
2. mediator's job in the introduction is to explain to everyone the mediation
process, and how they are expected to act during the process. For example, there
are certain stages in the process where everyone is expected to listen quietly to
the other party without interrupting, it is important to establish rules such as this
from the beginning.
2) Statements- If you are thinking about hiring a mediator than this is probably
the stage that you will most look forward to. Here you, and the other party,
present your case in your own words and from your own perspectives. There is
nothing to be nervous about here, but it is important to present your case
accurately in order that you don't carelessly misdefine the issues.
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- Once everyone has gotten a chance to hash out the crux of the
issues, it is time for the mediator to meet with each party individually. During the
individual meetings, the parties are able to discuss with the mediator how strong
their case is and what they really have the right to expect during negotiations.
3. 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.
But some mediation cases do not end in an agreement that everyone is willing to
sign. In such a case, the mediator will close with a statement as to the progress
that the parties have made thus far. Further, the mediator will present to the two
parties possibilities of where to go in the next steps towards resolving their
dispute. The mediator may recommend another form of alternative dispute
resolution (ADR) called arbitration or perhaps going straight to trial court.
The structure built into the mediation process focuses all parties towards a
solution, while the flexibility allows for more creative and cooperative discussion.
4. For more Information
Address: Roger Levitt Mediation,Wohl Enterprise
Hub,Redbourne Avenue,London N3 2BS
Phone: 07776 141 717
Website: https://rogerlevittmediation.co.uk/