The Basics Of Mediation Day

Once all parties in a dispute have agreed to mediation and chosen mediators, a date is scheduled to begin the process. Because mediation is an informal process, it is likely to occur at a neutral site, which is often the mediator's office. A neutral location is helpful because no party involved will have immediate access to documents or staff, which tends to help each party feel more comfortable about the fairness of the proceeding.

There is no limit to the number of people who can attend a mediation proceeding. Each party is allowed to bring a companion, or anyone they deem important, but the fewer people in attendance, the smoother things will go. All parties present must agree to complete confidentiality about the process. One person on each side of the dispute must have complete authority to represent and settle the issue. This representative should be the person with the most thorough knowledge of the fact of the case.

The proceeding usually begins with all parties in one large room. The mediator will make an opening speech on the rules and procedures that should be followed throughout the day. At this point, each party is given the opportunity to make an opening statement on their view and position on the dispute at hand. Each will also make a statement on what they hope to achieve through the mediation process.

After position statements are given, the parties are often moved into separate rooms, but this depends on the state of things between the parties. If they are able to understand the other party's perspective and needs, and the exchange of views is peaceful, it may be helpful to let the parties continue engaging. But if the dialogue becomes tense or a standstill has been reached, the parties with move to different rooms and begin negotiations privately.

The mediator chooses which party to talk to first, often choosing the party most likely to present an opening offer. The mediator will go back and forth throughout the day negotiating terms, often pointing out strengths and weaknesses in case, and helping the parties to decrease expectations and cooperate. In nearly every case, the final settlement is somewhere in between the two initial offers.

If the mediator is successful both parties give up some of their demands. But each walks out thankful and relieved that the matter is concluded, and that they each had a hand in crafting a fair resolution that is of benefit to each of them.

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