How Mediation Works

by | Jul 11, 2016 | Law

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Here, we touch on the steps to a mediation:

Introductory Remarks
A mediator will wait until all parties are present then make their introductions. The physical setting is controlled in order for no party to feel threatened. Many mediators are going to ask that if kids are present, that they wait outside. A mediator will then offer an opening statement. It outlines the participant’s role and will demonstrate a mediator’s neutrality. A few mediators are going to make a statement about what they view as the problem and confirm the case data if any briefs were pre-submitted. Next, a mediator defines protocol and sets the time frame for this process. There will be an assessment of the mediation guidelines and a mediator will briefly recap what it is that he has heard are the problems.

The opening statements within the introductory remarks are going to set the ground rules for the mediation.

Statement of the Issue by Parties
After their opening statement, a mediator gives each side the chance to tell their story without interruption.

Data Gathering
A mediator asks the participants open-ended questions in order to reach the emotional undercurrents.

Identification of the Problem
A mediator attempts to find common objectives between the participants. A mediator will find out which problems are going to have the ability to settle or the ones which will likely settle first.

Reaching an Agreement/Bargaining and Generating Options
Methods for developing choices might involve group processes, sub-groups, discussion groups, creating hypothetical plausible scenarios, or the mediator’s proposal – in which a mediator places a proposal on the table and parties take turns changing it. However, the most typically used method includes the caucus.

As the parties commit to accomplishing a negotiated settlement, a mediator proposes a brainstorming session in order to explore possible solutions.

For more information on how mediation works, contact Michael C. Craven at (312) 621-5234.

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