What Will Happen?
Mediation is a voluntary and confidential process. The mediator speaks with each party before the mediation is scheduled explaining and answering all questions about mediation. All necessary documentation will be requested and reviewed by the mediator before the session occurs. The mediation session begins with introductions and an opening statement from the mediator. After the opening statement has been made each party will be given an uninterrupted opportunity to tell their story. Next, the mediator will discuss the interests of each party, clarifying general and specific needs as they relate to the conflict and the individuals. Once, these needs have been identified the mediator will explore underlying issues that have previously blocked the parties from a solution. Once, the underlying issues have been uncovered the mediator will guide the parties as they generate solutions that will fully address all the issues. Finally, the mediator will help the parties choose a solution that is mutually agreeable to all and then work out all the details to be sure the agreement can be followed.
What is the Mediator’s Role?
A mediator does not judge, take sides, or decide who is right or wrong. The mediator is at all times a neutral third party to the conflict. The job of the mediator is to facilitate the discussion so that the parties can communicate to reach a mutually acceptable agreement. Mediators enable the parties to communicate through skillful examination of the conflict. The improved communication encourages their ability to make decisions that again, are mutually beneficial.
Why is Mediation Beneficial?
Mediation provides the parties with both CONTROL and PREDICTABILITY. That is, they have control over what is discussed and they may be able to predict their future together instead of having a formal ruling imposed on them. Mediation is an informal process, it is more like a conversation than a legal proceeding over evidence. It requires COLLABORATION between parties, so that an amicable agreement may be possible. It is their choice to participate. Mediation involves SELF-DETERMINATION in that they can determine the consequences and outcomes instead of an external party who has the power to enforce a decision on them. Lastly, an important distinction of mediation is that the session will be kept confidential.