How do the parties and the mediator work together?
The normal process is for the parties and mediator to meet together, at scheduled sessions determined by the parties. Essentially mediation runs like a guided negotiation between the parties, with the mediator facilitating the communication. Most meditations generally run by the following five-stage format: Stage 1: Establishing the Process: The mediator and the parties agree to a number of guidelines they will follow in the mediation. This usually includes only allowing one person to speak at a time, treating all parties with respect, and confidentially. Stage 2: Exploring Positions and Interests: The parties usually make their initial statements regarding their disagreement and define what they hope to resolve in the mediation. Stage 3: Developing Solutions: Each party discusses their interests and possible solutions to resolve their disagreement. Stage 4: Finalizing A Resolution: The parties assisted by the mediator create a solution mutually agreeable to both parties. Stage 5: The
Related Questions
- A neutral third party, the mediator, facilitates the communication between the parties, addresses the barriers to resolution and helps fashion a settlement in the form of a written agreement which all the parties are invited to sign. How does mediation differ from arbitration or court proceedings ?
- Can the parties appoint a mediator of their choice to assist in concluding a collective agreement?
- Does the mediator act as a lawyer for either party or both parties?
