5 Steps to the Mediation Process
These are the essential 5 steps to a successful mediation. They are comprised of the:
- Preliminary Meeting.
- Statement of the problem.
- Information gathering.
- Identification of the problems.
- INFORMATION GATHERING.
- IDENTIFICATION OF THE PROBLEM
The preliminary portion of the mediation is an approach for all parties drawn in to feel comfortable with the matter. The mediator will generally introduce him or herself to the parties and explain the role that the mediator will take, insure that he/she is an unbiased individual whose objective is to assure that the result is fair and just for each party involved. The mediator, if given pre-mediation documents, will give a universal statement about what he/she sees as the subject matter concerned. Lastly the mediator will delineate what the course of action will be in the mediation and confer the modus operandi that should be followed.
STATEMENT OF THE PROBLEM
After the preliminary meeting the mediator will give each party the opening to put in plain words the subject matter and tell their side of the tale. It is vital at this time that the party not communication is unspoken. The intact point of mediation is to come to a practical agreement, when parties start squabbling with each other the point of mediation is lost.
If they have not already been submitted to the mediator, the mediator will demand something in the form of a concise detailing the facts, evidence and any other relevant information that may help the mediator to drew out some conclusion. After this the mediator will ask questions of the parties in isolation in order to redden out reasons, both financial and emotional, for why that party has operated in a certain approach or why they request a certain result.
IDENTIFICATION OF THE PROBLEM
This step is to some extent self-explanatory. The mediator, in the course of the information received through briefs and preceding conversation will discuss what he/she feels is the empathy of the issue.
Once the subject matter or issues have been determined the bargaining course will begin. The bargaining course is the most imaginative of the steps. It can engage many diverse types of spotlight including group processes, discussion groups and hypotheticals. An ordinary usage is the “convention.” Often the mediator will put a proposed resolution on the table and require the participants to alter the settlement until they come to a sensible solution. An additional route is that the mediator will meet with each party confidentially to strike out negotiations. The private meetings are confidential and provide an environment, slight the view of the other party, to devise and discuss emotions and fears.
How long will it take to Mediate?
Mediation, this comprises the cost of preparing documents, the mediator’s fees, representation, etc. It is also less time consuming and the average mediation takes about 3-5 days depending on the complication of the matter. In short, it is less costly, quicker, and more efficient than going to trial.