THE MEDIATION PROCESS

Mediation is a structured and facilitated process designed to assist parties in resolving
conflicts or disputes through open communication and negotiation. The primary goal of
mediation is to promote understanding, find common ground, and reach a mutually
acceptable agreement without resorting to formal litigation. This process is guided by a
neutral third party, known as the mediator, who facilitates communication and assists the
parties in exploring potential solutions.

The mediation process typically involves several key stages:

 

🔷 Mediator’s Opening Statement
The mediator(s) introduces themselves and outlines the mediation process, explaining
the role of mediator, parties, their representatives, etc., rules of the procedure,
confidentiality and voluntary principles. The purpose is to set stone, put parties at ease
and manage expectations of the latter.


🔷 Parties’ Opening Statements
Each party is given the opportunity to present themselves and their representatives,
make an opening statement, expressing their perspective on the issues.


🔷 Summary and Agenda Setting
Mediator reiterates stated information, if necessary re-framing it in neutral
manner/language. Afterwards the agenda for the process is agreed focusing on issues
to resolve dispute, parties’ participation and find common ground for them.


🔷 Exploration of Issues (Private Session with Parties)
The mediator helps identify the key issues and gathers relevant information. Both
parties have the chance to present their viewpoints, share concerns, and provide
additional details. The purpose is to understand true nature of problem, determine real
interests and needs, identify what really matters.
During the exploration both joint and individual session or the mixture of the latter
may be used. The joint session encourages direct communication, allowing each party
to express their needs, interests, and priorities in front of each other. While the
private/breakout sessions allow parties to reflect on position, discussion of
confidential information, deeper exploration of issues & options, reality testing and
consider alternatives (BATNA/WATNA), diffuse strong emotions, preparation/primer
for direct negotiations, trust in mediator


🔷 Negotiation
The mediator assists the parties in brainstorming and evaluating potential solutions.
The focus is on finding common ground and crafting agreements that address the
underlying issues. This is the phase to make proposals to other party and explore any
possible options for mutual gain, addressing all parties’ interests.

 

🔷 Settlement and Agreement
Once the parties reach a mutually acceptable agreement, the mediator helps formalize
the terms. The agreement is often put in writing and signed by the parties, creating a
legally binding document.


🔷 Follow Up
In some cases, the mediator may follow up to ensure the implementation of the
agreement. Follow-up sessions or mechanisms can be established to address any
future concerns.

Are you caught in the midst of a dispute that seems to have no end in sight?
Are you tired of traditional legal battles draining your time, resources, and energy?
Our legal specialists will consult with you on the procedure for resolving your dispute at the Center.