The Mediation Process
Understand the stages of formal mediation and the mediator's role as a neutral facilitator.
Stages of Mediation
Mediation is a structured process in which a neutral third party helps disputing parties reach a voluntary agreement. Unlike arbitration or court, the mediator has no power to impose a solution.
Stage 1 — Opening: The mediator sets ground rules, explains the process, and establishes a safe environment. Each party makes an uninterrupted opening statement.
Stage 2 — Exploration: The mediator helps each party articulate their interests (not just positions). Private sessions (caucuses) may be used to allow candid discussion.
Stage 3 — Negotiation: With interests clarified, the parties (with mediator guidance) brainstorm solutions and evaluate options.
Stage 4 — Agreement: If the parties reach agreement, it is documented in writing. The mediator ensures both parties understand and accept the terms.