The 5 Steps to a Smooth Mediation

 

Senior businessman showing a document to sign to a couple

A smooth and successful mediation is the aim of any mediator and also for parties involved.  In this blog, we will delve into the five steps that are needed to ensure a smooth and successful mediation process. The five steps of a smooth mediation are:

  • Introduction
  • Outline the Problem
  • Gather Information
  • Identify the Problems
  • Negotiating and Settlement

1. INTRODUCTION

The introduction step in mediation is to get all parties involved to feel comfortable with the matter.  The mediator starts out by introducing himself or herself to all parties and would going on to explain the role of the mediator, how the process will unfold and to make it clear that that he/she is a neutral individual whose goal is to ensure the result is both fair and just for each party involved.

2. OUTLINE THE PROBLEM

After the introduction stage, the mediator will give each party the opportunity to explain the issue and tell their side of the story.  It is important that all parties give their take on the matter and that no party remains silent.  The purpose of mediation is to arrive at an agreement that is fair and as such if parties are not contributing to the discussion or are bickering, then an agreement would be difficult to reach.

3. GATHER INFORMATION

If not previously submitted to the mediator, at this point the mediator will request something in the form of a brief detailing the facts, evidence and any other pertinent information of the dispute or matter which will help the mediator come to a conclusion.  Next, the mediator will ask questions to each party to flesh out the reasons why that party has operated in a certain manner or why they are looking for a certain result.

4. IDENTIFY THE PROBLEM

At this step, through the information gathered by mediator and what was discussed previously, he/she will outline what is his/her take on the issue.

5. NEGOTIATING AND SETTLEMENT

After the issues are determined, the negotiating stage will begin.  This bargaining step will look at different areas and focus in on group processes, discussion groups and hypotheticals.  The mediator will put forth proposed settlement and the parties are to amend the settlement until they come to a reasonable solution.  Another way is for the the mediator to meet with each party privately. These individual meetings are confidential and provide an atmosphere outside the scope of the other party, to brainstorm and discuss emotions and fears.

Once the negotiating is done and a settlement is reached smoothly, then the mediation process will come to a successful end.