What are the actual steps in a mediation?

• For a mediation the usual process follows these general steps:
  • The Mediator will introduce themselves and explain the process.
  • Both parties are given a chance to give an opening statement explaining why they are there and what concerns they have (this should be prepared in advance).
  • The Mediator will assist the parties to set an agenda for the mediation. This is a list of the key issues that need to be discussed. Both parties will be given an opportunity to add their concerns to the list. The mediator will usually write this on a whiteboard where everyone can see it.
  • The mediator will then assist the parties to discuss the issues together. At any stage either party may request a private session with the mediator in order to explore options more fully. The mediator will remain neutral in any private session and will try to ensure that they give each party equal time.
  • The mediator will assist the parties to generate solutions or options to resolve the dispute.
  • As agreements are reached the mediator will record them. Following the mediation the parties will be sent a typed copy of the agreement to take to their lawyers or to sign if they do not feel that it is necessary to get independent legal advice.