What Are the Steps In the Mediation Process | #Mediation with Bob Bordone

Summary

This video script demystifies the mediation process, outlining its steps from intake to implementation. It begins with pre-mediation inquiries to assess suitability for mediation. The mediator then introduces the process, including confidentiality and roles, before parties present their cases. The mediator extracts themes, facilitates brainstorming for solutions, and helps parties evaluate options. The session concludes with a written agreement and a focus on successful implementation, emphasizing the unique nature of each mediation.

Takeaways

• 🛠️ Mediation begins with an intake or pre-mediation phase, where basic questions about the conflict are discussed to determine if mediation is suitable.
• 📞 The mediator's role in intake is to assess the conflict by asking who the parties are, what issues exist, and what a potential resolution might look like.
• 🤝 Mediation requires participation from both sides for it to proceed, and sometimes the mediator must address concerns or hesitations from parties.
• 📋 At the start of the mediation process, the mediator explains the rules, confidentiality, and how the process will unfold, ensuring all parties understand the expectations.
• 👂 Each party is given a chance to present their side of the story without interruption, and the mediator helps extract key themes and interests from both sides.
• 🧠 After hearing both sides, the mediator encourages brainstorming sessions where the parties generate potential solutions without immediate evaluation.
• ⚖️ The mediator remains neutral, offering no opinions on who is right or wrong, and guides the process toward productive discussions and potential agreements.
• 📝 If an agreement is reached, the mediator helps formalize it into a written document, ensuring it can be translated into a legal form if necessary.
• 🔄 Implementation of the agreement is crucial. The mediator may include follow-up steps to increase the chances of compliance.
• 💡 Mediation is flexible and varies widely depending on the situation and relationship between parties, ranging from short sessions to prolonged processes.

Q & A

What is mediation, and how does it work?

Mediation is a process where parties in conflict come together to resolve their disputes with the help of a neutral third-party, called a mediator. The mediator facilitates communication, but does not make decisions or offer rulings.

What happens during the pre-mediation or intake stage?

In the intake stage, the mediator gathers basic information about the conflict, such as who the parties are, the issues at hand, and potential outcomes. This stage helps the mediator assess if the situation is suitable for mediation.

Can mediation take place if only one party is willing to participate?

No, mediation requires at least two parties. If one party is unwilling to engage, the mediation cannot proceed.

How does a mediator introduce the mediation process to the parties?

The mediator explains the process, including rules of confidentiality, the mediator's role as a neutral facilitator, and the possibility of individual caucuses. The mediator emphasizes that they will not make any decisions or rulings.

What are the typical ground rules in a mediation session?

Ground rules often include not interrupting one another and ensuring that each side has the opportunity to present their perspective without being cut off.

What role do individual caucuses play in mediation?

Individual caucuses are private meetings between the mediator and one of the parties. They can help address concerns or explore sensitive issues without the other party present. Mediators may use caucuses depending on the situation.

What is the purpose of the brainstorming stage in mediation?

The brainstorming stage encourages the parties to generate potential solutions to meet their interests without immediate evaluation. This fosters collaboration and creativity, particularly when the parties have an ongoing relationship.

How does a mediator handle the evaluation of ideas during brainstorming?

The mediator avoids evaluating ideas too early, whether positively or negatively, to maintain creativity. Instead, they encourage the generation of ideas without committing to any specific option.

What happens after the parties generate possible solutions?

The mediator helps the parties move from generating ideas to evaluating which solutions they prefer. The goal is to reach an agreement that addresses the interests of both parties.

What is the importance of the implementation phase in mediation?

The implementation phase ensures that the agreed-upon terms are followed. Mediators may include follow-up steps to check on progress or offer support in case issues arise post-mediation.