Stages of Mediation

Most mediations proceed as follows:

Stage 1: Mediator's opening statement. After the disputants are seated at a table, the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.

Stage 2: Disputants' opening statements. Each party is invited to describe the dispute and its consequences, financial and otherwise. The mediator might also entertain general ideas about resolution. While one person is speaking, the other is not allowed to interrupt.

Stage 3: Joint discussion. Depending on the participants' receptivity, the mediator might encourage the parties to respond directly to the opening statements in an attempt to further define the issues.

Stage 4: Private caucuses. The private caucus allows each party to meet privately with the mediator. Each side will be placed in a separate room. The mediator will move between the two rooms to discuss the strengths and weaknesses of each position and exchange offers. The mediator will continue the process as needed during the time allowed. It's in these private meetings that the hard work of mediation is done.

Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually doesn't assemble the participants until a settlement is reached or the time allotted for the mediation ends.

Stage 6: Closure. If the parties reach an agreement, the mediator will likely put its main provisions in writing and ask each side to sign the written summary of the agreement. If the parties don't reach an agreement, the mediator helps them determine whether it would be fruitful to meet again later or continue negotiations by phone.