A mediation meeting is a conversation between two or more people that takes place to resolve an interpersonal dispute. Unlike arbitration or litigation, mediation involves the help of an impartial person (a mediator) who does not take sides and focuses on finding ways for everyone involved to work together in the future.
A successful mediation requires careful preparation by all participants. It is important for all parties to think about their positions, how they relate to the broader issues in the dispute and what their desired outcome is. It is also helpful to write down a list of things that may be needed in a settlement and to prepare drafts of documents that might be necessary for the meeting.
The mediator begins the mediation by making an opening statement, introducing himself and explaining his role in the process. He will also explain the mediation procedures and provide suggestions about meeting behavior. Then the participants make their opening statements. In these statements, each participant describes his position on the dispute and its consequences. The mediator will ask questions that enable him to understand each party’s position and the underlying dynamics of the dispute.
Once the opening statements are complete, the mediator will have private discussions with each of the parties. These meetings are called caucuses and anything said in these sessions is confidential unless it is agreed otherwise. The mediator will use this time to clarify the parties’ interests and needs, to encourage the parties to find areas where they can agree and to determine if any issues require expert assistance.
During this phase, the mediator will also try to prevent emotions from running high. If an exchange in the joint session generates more heat than light, the mediator might stop the discussion and go into separate caucuses with each of the parties. This does not mean that the mediation is over – it just means that the mediator will need to work harder in private to find solutions to the problem.
After the caucuses, the mediator will convene a joint session again and encourage the parties to discuss their positions on the issues. The mediator will use this time to try to identify common ground and to develop an agenda for further discussions of the key issues in the dispute.
Moore notes that the most difficult part of the mediation process is often helping the parties to articulate their interests and needs in a way that is clear, complete and non-polarizing. This can be very difficult because parties often confuse their positions with their interests and they are frequently influenced by outside sources such as advice from friends.
In the last phase of the mediation, the mediator will help the parties to begin making offers and counteroffers in order to negotiate a solution to the conflict. This will likely continue until a resolution is reached or it becomes apparent that one will not be. In either event, the mediator will record the terms of a settlement in a written agreement that is signed by all parties and filed with the court.