Mediation process: Steps

Explainer video by Mimo Khair

1. Introduction – establishing the ground rules

Together in the same room (physical or virtual), the mediator makes an opening statement and begins by introducing the participants, demonstrating their neutral position, laying out the ground rules and outlining the mediation process. This step establishes a cooperative working basis between the parties and the mediator.

2. Determination of the dispute by the parties – discussion with each participant individually

The mediator listens to each party’s views of the dispute and helps them to sort out the issues they are willing to discuss and resolve through the mediation process. This step sets the parameters of the focus of the mediation as well as gives the parties an opportunity to frame issues in their own mind.

3. Identification and clarification of the dispute – exploring the issues together

Each issue of the dispute will be consolidated with the relevant parties using different techniques, focusing on their concerns, as well as seeing each other’s perspective. The mediator is looking for common points and goals between the parties, which will then assist them in negotiating and settling their dispute.

4. Generation of options and alternatives – Negotiating and compromising

Using different methods, the mediator assists the parties in developing sustainable options to resolve their dispute. This step, gives the participants themselves the opportunity to negotiate different options and to compromise in order to come to an agreement on a common solution.

5. Clarification and agreement writing

After having resolved and negotiated the different options, the parties can fix the outcome in a written agreement, which will be signed by the parties. Each party will then receive a copy. Having a written signed record, gives a significance to the mediation process and helps the parties to respect the outcome of the mediation.

Implementation and evaluation

The implementation step is optional and does not come into effect for each mediation. After the mediation, the parties can book an other appointment with the mediator for a follow up. The goal here is to evaluate if and how the parties respect their agreement and if they could solve their issues. If necessary, the agreement can then be corrected or adapted.