What Is Mediation And How Does It Work?

Mediation is a procedure in which the parties discuss their disputes with the assistance of a mediator who guides them in reaching a settlement. Mediation is a dynamic, structured, interactive process where the mediator assists disputing parties in resolving conflict through the use of communication and negotiation. All participants in mediation are encouraged to actively participate in the process.

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The Mediator is a facilitator who has no power to render a resolution to the conflict.

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Mediation is an informal and flexible dispute resolution process. The Mediator's role is to guide the parties toward their own resolution. Through joint sessions and separate private sessions with parties, the Mediator helps both sides define the issues clearly, understand each other's position and move closer to resolution.

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The mediation process can include some or all of the following steps:

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1. The Mediator engages the parties through a Mediation Agreement and Confidentiality Agreement.

2. The Mediator introduces and commences the mediation process.

3. Opening remarks and statements are made by each party engaged in the mediation.

4. Joint discussion is held with the Mediator and the agenda is established.

5. Option development between the parties on the agenda items.

6. Mediator enters private sessions with each party.

7. Negotiation between the parties with the assistance of the Mediator.

8. Settlement and Agreement.