The normal Mediation Process would involve the parties and Mediator meeting together, at scheduled session(s) as determined by the parties.
Essentially mediation runs like a guided negotiation between the parties, with the mediator facilitating the communication. Most mediations generally run by the following five-stage format:
Stage 1: Establishing the Process:
The Mediator and the parties agree to a number of guidelines they will follow in the Mediation. This usually includes only allowing one person to speak at a time, treating all parties with respect, and confidentially.
Stage 2: Exploring Positions and Interests:
The parties usually make their initial statements regarding their disagreement and define what they hope to resolve at the Mediation.
Stage 3: Developing Solutions:
Each party discusses their interests and possible solutions to resolve their disagreement.
Stage 4: Private Sessions:
Where appropriate, the Mediator may hold private and confidential sessions with each party to assist in determining further interest and/or discussing possible solutions.
Stage 5: Finalizing A Resolution:
The parties assisted by the Mediator craft a resolution mutually agreeable to both parties.
Stage 6: The Written Agreement:
Once agreed between parties, the resolution and its terms are formalized in a written agreement.
The Mediator’s role in a mediation is principally to facilitate, guide and assist the parties towards arriving at a mutually agreeable resolution where joint and separate private sessions may also be used by the Mediator to help the parties define the issue(s) in dispute clearly, appreciate each parties respective positions, addresses the concerns of the parties and move closer towards the resolution. The entire mediation process is conducted in a safe, private and confidential manner. The Mediator shall at all times remain impartial and non-judgmental.