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The Mediation Process and Dispute Resolution

Understand the 6 steps necessary in the mediation process

By PON Staff — on July 25th, 2024 / Mediation

As compared with other forms of dispute resolution, the mediation process can have an informal, improvisational feel. The mediation process can include some or all of the following six steps:

1. Planning.

Before the mediation process begins, the mediator helps the parties decide where they should meet and who should be present.

Each side might have lawyers, co-workers, and/or family members on their team, depending on the context. Imagine a consulting firm and a printing company have decided to hire a former judge with about 10years of experience as a mediator.

(Increasingly, retired judges are starting new careers as mediators.)

Three-person teams from the two companies meet at the mediator’s office. As a senior manager of the consulting firm, you bring along a colleague and a lawyer.

Two managers and a lawyer also makeup the printing company’s team.

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2. Mediator’s introduction.

With the parties gathered together in the same room, Kathy, the mediator, introduces the participants, outlines the mediation process, and lays out ground rules.

She also presents her goal for the mediation process: to help the parties come to a negotiated agreement on the issue of a disputed consulting fee and to resolve the business relationship amicably.

3. Opening remarks.

Following the mediator’s introduction, each side has the opportunity to present its view of the dispute without interruption.

In addition to describing the issues they believe are at stake, they may also take time to vent their feelings.

Suppose that the spokesperson for the printing company begins by discussing how shocked he waste be presented with a bill for the additional consulting work.

“Since your training obviously didn’t work,” he says to you and your team, “I don’t understand how you could charge us for the work you failed to do in the first place.

You explain that your contract clearly states that work conducted beyond the initial training session is subject to your usual rates.

“I’m sure we discussed this over the phone at some point,” you say. “And in any case, a lot of your employees slacked off during the initial training. Their low motivation is not our problem.”

4. Joint discussion.

After each side presents its opening remarks, the mediator and the disputants are free to ask questions with the goal of arriving at a better understanding of each party’s needs and concerns.

Because disputing sides often have difficulty listening to each other, mediators act like translators, repeating back what they have heard and asking for clarification when necessary. If parties reach an impasse, mediators diagnose the obstacles that lie in their path and work to get the discussion back on track.

During this stage, the mediator in our negotiation example above attempts to understand why the two sides have such different views of how training went. In response to the mediator’s questions, Jeremy, the printing company’s representative, admits that organizational morale has been low due to recent layoffs.

“That’s no excuse for not paying your bill,” you say.

“In fact, it’s all the more reason that you should pay in full, if you admit the problem lies with you, not with our training.”

“Your people didn’t do a good job of understanding who they were working with,” Jeremy counters.

5. Caucuses.

If emotions run high during a joint session, the mediator might split the two sides into separate rooms for private meetings, or caucuses.

Often, but not always, the mediator tells each side that the information they share in caucus will remain confidential.

The promise of confidentiality can encourage disputants to share new information about their interests and concerns. In caucuses with both sides of the IT training debate, the mediator learns that the printing company is in financial distress.

“We regret buying the new computer system in the first place,” Jeremy admits to the mediator.

“There’s no way we’re going to be able to pay this bill.”

When the mediator caucuses with your side, you explain that you are worried news of this failed training will affect your firm’s reputation in Chicago and beyond.

6. Negotiation.

At this point, it’s time to begin formulating ideas and proposals that meet each party’s core interests—familiar ground for any experienced negotiator. The mediator can lead the negotiation with all parties in the same room, or she can engage in “shuttle diplomacy,” moving back and forth between the teams, gathering ideas, proposals, and counterproposals.

When putting together your settlement proposal, Northwestern University Professor of Law Emeritus Stephen B. Goldberg recommends that you ask the mediator for her advice.

Her conversations with the other side have probably given her knowledge of its interests that you can use when packaging your proposal.

Suppose that your caucuses with the mediator have led everyone to understand that your firm is primarily concerned about maintaining its reputation, while the printing company is worried about paying its bills.

This new understanding of both party’s interests leads to a round of bargaining in which you agree to cut your follow-up consulting bill in half—from $35,000 to $17,500.

In turn, the printing company takes responsibility for the difficult trading conditions and promises not to malign your firm to other organizations.

Though you feel you got the short end of the stick, ultimately you are glad to put the dispute behind you. About 80% of dispute mediations lead to resolution, according to Goldberg.

Depending on the complexity of the issues, mediation might last mere hours, or it could Take days, weeks, or months to resolve.

Some resolutions will truly be “win-win”; others will be just barely acceptable to one or both sides—but better than the prospect of a continued fight or court battle.

If the parties come to consensus, the mediator will outline the terms and may write up a draft agreement.

If you fail to reach agreement, the mediator will sum up where you have left off and may engage you in a discussion of your non-settlement alternatives.

What do you think is most valuable to the mediation process?

Related Dispute Resolution Article: Negotiation Ethics: Staying on the Straight and Narrow in Dispute Resolution

Adapted from “Make the Most of Mediation” first published in the 2009 issue of the Negotiation newsletter.

Originally published June 2014.

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No Responses to “The Mediation Process and Dispute Resolution”

7 responses to “the mediation process and dispute resolution”.

VERY USEFUL MATERIAL

At least in the arena of mediating employment disputes, it is questionable as to whether a joint session works at any point in the mediation process. Initially, when starting the mediation process, I feel out both sides for their sense of whether a joint session will be useful. In any event, I spend some time at the beginning describing the procedure and getting a clear picture of where the parties stand. Then, with hope, I move forward soon into productive talks in separate caucuses.

Interesting discourse

Who is Goldberg you are citing, where is the citation from?

Northwestern University Professor of Law Emeritus Stephen B. Goldberg

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Understanding how to arrange the meeting space is a key aspect of preparing for negotiation. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiator’s success. This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School.

Guhan Subramanian is the Professor of Law and Business at the Harvard Law School and Professor of Business Law at the Harvard Business School.

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How to effectively problem-solve in mediation- The Top Down approach

John E Hind
Categories: Aylesbury , Barnstaple , Beaconsfield , Bude , Business , Chesham , Children , Coaching , Commercial mediation , Exeter , Finance , general , High Wycombe , London , Neutral evaluation , Online Business Mediation , Online Mediation , Plymouth , Preparing , Torquay

This approach started to develop, in my mind and on paper, when I read; Conflicts- a better way to resolve them- Edward De Bono.

Mediation is an outcome focused process so, logically, begin with the ‘desired outcome’ in mind.

If the desired outcome, in process terms, is an agreement in mediation, a key question becomes, ‘what needs to happen to achieve an agreement in mediation? And, in what order?’

Having said this, effective problem solving is both a linear and non-linear (lateral) exercise so, although I set out my 7 stages below, the process of problem solving in mediation might involve moving backwards and forwards between these stages, depending on which stages require more work, at any particular stage of the process.

To start with, the problem-solvers need to be clear about what they wish to achieve and they may need from the mediator, to clarify this. Often the best that can be expected, at the start of the process anyway, is a clarity about the important aspects of the outcome they are each hoping to achieve.

In other words, the things of most importance to each of them, their values and interests (‘the ingredients of the cake they are about to start baking together, without pre-judging what the baked cake will look or taste like’).

So, beginning with the final exchange of things of value, creating the agreement/outcome that is and feels fair enough to each person ;

1. There needs to be an exchange of things of value (reciprocity of interests/needs- emotional, psycho, practical) so that the mediated outcome feels and is good enough/fair enough for each person, from their different perspectives and in law (where this is an important aspect of the outcome).

2. In order to identify the things of value which each person needs, each person must be willing and able to explore different perspectives , ideas, opinions, positions ( both positive and negative drivers), at a psychological, emotional and practical level.

3. In order to be feel willing and be able to explore different perspectives people need to be willing and able to understand (and feel understood) , at an emotional, psychological and practical level, (the positive and negative drivers), from a variety of perspectives.

4. To understand and be understood, people need to be willing and able to listen to each other and respond appropriately, at a cognitively (and ideally, emotionally) empathic level.

5. In order to be willing and able to listen, at this kind of level, people need to be clear about their motivations , their ‘why’

6. In order to be motivated enough to listen at this kind of level, people need to be willing and able to manage and self-regulate the tendency to react in a defensive way, when feeling challenged or threatened, by what they are perceiving- self-restraint.

7. In order to be willing and able to manage and self-regulate this tendency, people need to be in touch with and ulitise a variety of personal resources such as resilience, self-discipline, patience, tolerance, self-awareness, open-mindedness…..

In summary, in order to reach agreements/outcomes, together in mediation, each person in mediation needs to be motivated, empowered and supported to utilise the appropriate personal resources they need at each of the above levels to do what is necessary.

Each person and anyone helping them (in this case, the mediator) need to develop the personal skills to help them work with each of these 7 levels, in order to achieve a successful outcome.

John E Hind – Mediator. FMCA. CMC. NLP

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By Brad Spangler

September 2003

Orientation of "Problem-Solving" Mediation

Mediation is carried out differently by each of its practitioners. However, the general framework that most North American mediators work within is that of problem-solving mediation -- meaning the focus is on solving the presenting problem. This approach was so-named and contrasted to another approach labeled transformative mediation by Baruch Bush and Folger in their book, The Promise of Mediation .[1]

talks about talks about the problem solving that was required in one very complex humanitarian emergency.

In terms of general orientation, the main difference between the two approaches to mediation is how a conflict is viewed or conceptualized from its outset -- how it is defined in the mediator's mind. When mediators using a problem-solving orientation are introduced to a conflict, they immediately see it as a problem that must and can be solved. Usually the problem is quickly framed in terms of seemingly incompatible needs or interests between the parties. The focus is then finding ways to reframe the conflict so that the needs and/or interests of both sides can be met (or come close to being met) simultaneously. Thus, a mutually acceptable, win-win solution is sought.[2]

Characteristics of Problem-Solving Mediation[3]

Problem-solving or "settlement-oriented" mediation is by far the dominant approach in the field today. Its name implies precisely what it is -- a process focused on solving a problem by obtaining a settlement. In the view of a problem-solving mediator, "when conflict exists, a problem exists, and a problem exists because of a real or apparent incompatibility of parties' needs or interests."[4] Therefore, mediators working within this framework will assess the conflict between two parties and assist them in defining their differences in terms of a problem. If a conflict is set up as a "problem," then logically, a solution to that problem exists. Through the process of reframing the parties' positions, the mediator helps parties develop a common definition of the problem. This is the starting point for negotiating a solution that will satisfy the interests of both sides (see integrative bargaining or win-win ).

The goal of problem-solving mediation is to help parties generate a mutually acceptable settlement of the immediate dispute. The settlement-oriented mediator usually explains that this is the purpose at the outset and defines a process that will assist the parties to work toward that goal. All of the mediator's actions also are designed to facilitate that outcome. For example, emotions that might escalate anger and thus prevent a settlement are controlled. Issues that are non-negotiable are diverted, while parties are encouraged to focus on negotiable interests. Mediators tend to discourage a discussion of the past, as that often involves blame, which can make progress more difficult. Rather, parties are encouraged to focus on what they want in the future, and develop ways in which their interests can be met simultaneously.

Sometimes the settlement-oriented mediator acts a bit like an arbitrator proposing a solution and working hard to "sell" it to the parties (see arbitration ). In other words, mediators will sometimes act as though they are experts and suggest potential terms of agreement. However, because their suggestions do not have any binding power, they must try to persuade the disputants to go along with their idea.

In addition, settlement-oriented mediators often try to keep the parties moving forward. They try to keep the process moving by encouraging the participants to move from one "stage" to the next as quickly as possible. Deadlines are one action-forcing method that can be useful for inducing parties to come to an agreement.

While some mediators allow the parties to proceed in their own direction and at their own pace, thus largely controlling the process, others are quite directive in their approach. In addition to defining and controlling the process, they may also control the substance of the discussions. They will try to narrow the parties' focus to areas of agreement and/or common ground and "resolvable" issues, while avoiding areas of disagreement where consensus is less likely. Although all decisions are, in theory, left in the hands of the disputants, problem-solving mediators often play a large role in crafting settlement terms and obtaining the parties' agreement.[5]

[1] Robert A. Baruch Bush and Joseph P. Folger, The Promise of Mediation: The Transformative Approach to Conflict , 2nd ed. (San Francisco: Jossey-Bass Publishers, 2004). < http://www.beyondintractability.org/bksum/bush-promise >.

[2] Ibid. page 56.

[3] A major portion of this section was drawn from a previous online publication of the Conflict Research Consortium: < http://www.colorado.edu/conflict/transform/tmall.htm >.

[4] Baruch Bush and Folger, 56.

[5] NOTE: Much of this essay is based on a previous online publication of the Conflict Research Consortium: < http://www.colorado.edu/conflict/transform/tmall.htm >.

Use the following to cite this article: Spangler, Brad. "Problem-Solving Mediation." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: September 2003 < http://www.beyondintractability.org/essay/problem-solving-mediation >.

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The Five Stages Of Mediation

This article appeared in the September 1997 edition of “Alternatives to the High Cost of Litigation,” a publication of the CPR Institute for Dispute Resolution

Bob McDowell followed a common routine each morning. He would get up early, take a two mile walk, and stop by the Canterbury Bakery for hot tea and scones. This morning was no different, except that his 27-year-old daughter Meg joined him at the bakery.

Having purchased his tea and pastry, Bob sat down at his usual table in front of the window overlooking the sidewalk and parking lot of what had become a mini-mall. As he was taking a sip of his tea, he heard a crashing sound, which would be the last thing he could remember when he woke up in intensive care with broken arms and legs, a cracked skull and third degree burns on his chest and arms.

Miriam Wendel was 82 years old at the time Bob was hurt. She drove a 1984 Oldsmobile which she bought new. She had just done some shopping at the pharmacy and was hoping to pull out of her parking space in front of the bakery and drive the three blocks to her daughter’s home. Unfortunately, Miriam accidentally put the car in “drive” instead of “reverse” and stepped on the gas, crashing through the front window of the Canterbury Bakery. Miriam survived the accident, but Bob sustained permanent injuries. Meg had some minor cuts from the glass window but was generally unhurt.

At the time of the accident, Miriam had an insurance policy that provided up to $50,000 in coverage per occurrence. Because of the severe injuries to Bob, the insurer offered to pay him the entire policy limits, which was rejected. The case ended up in litigation and the judge urged the parties to consider mediation. That’s where I came in.

When I get a call inquiring about mediation, I first attempt to assess the temperature in the case, i.e., how hot is the dispute. I’m interested in knowing not only the facts of the case and the status of negotiations, if any, but also why the parties think mediation might be useful. Once I gather that information, which comes together in the first phone call with the attorney(s), I then follow a very strategic pattern or template which can be used in almost any case.

The pattern I often follow was developed by Professor Randy Lowry of Pepperdine Law School. This approach is based on the idea that mediation sessions are generally broken down into five distinct segments or “Stages,” and that within each stage there is a “Task,” the objective–what the mediator is trying to accomplish; an “Action,” how the mediator is going to accomplish the objective; and a “Result,” the outcome which the mediator expects to achieve. Once you have gone through all Five Stages of the mediation, the goal is to achieve a final and durable settlement of the dispute.

Stage One: Convening The Mediation

In the McDowell case, it was the defense who contacted me about setting up a mediation. The first TASK was to speak to Bob’s counsel about his response to the judge’s suggestion to participate in mediation. I was initially concerned that Bob’s counsel would think that I was biased since I was calling at the recommendation of defense counsel. That problem was avoided, however, since the defense counsel had already sent a letter with my profile, indicating my experience and high level of impartiality. The ACTION I took was to get counsel to start talking about the case by first connecting or building a personal rapport on the phone. We had a brief conversation on general topics until I sensed a rapport had been built. We then moved the discussion to the McDowell case, and he indicated that although he wanted to settle, he was concerned that mediation might be a waste of time. He felt that his client might want to get a judgment and try to collect from Miriam’s assets, which, though not tremendous, included two modest homes which were paid in full. I asked him if he had anything to lose by at least spending a couple of hours talking about how his client could be compensated. Upon further reflection, he allowed that it might be worthwhile and was willing to try it. We then discussed the process in general, what he could expect and the costs, and selected a tentative date for the mediation.

Rather than sell mediation as a panacea, the RESULT I was simply trying to achieve in the Convening stage was to create a “willingness” to come to the table, not to actually settle the case.

Stage Two: Opening Session

Once the mediation got started, my TASK in stage two was to describe the process so that the parties would know what to expect from the session. The ACTION I took to complete the task was to advise the parties that we would explore a risk analysis of the likelihood and amount of recovery. I further told them that we would meet privately at which point they should be prepared to discuss a realistic assessment of what they expected to pay and receive. For Bob, this turned out to be the key to the case. He knew he had a strong case, but the question in his mind was whether he could recover from Miriam’s estate, or whether he had the heart to put Miriam in a vulnerable financial position. The RESULT I tried to achieve was a sense of “Safety and Hope” about the process of mediation and prospect for settlement. I wanted to allow the parties to feel comfortable enough to speak candidly with me about their objectives, and open enough to accept new information or at minimum a new spin on old information.

Stage Three: Communication

The TASK at this stage is to allow the parties an opportunity to explain their positions both in front of each other and in private meetings with me. The ACTION is a series of open-ended questions followed by active feedback which permits me to listen for clues about what is driving the parties. This is much more difficult than cross examination in court since I don’t have the benefit of having deposed the person in advance. It therefore requires delicate questions, skillfully posed to keep the conversation moving forward, while continuing to build credibility and rapport with the parties. The RESULT in this stage is that the parties have a chance to air their perspectives and feel confident that they have been heard. Often, too, this communication discloses hidden values and interests.

The fact that Miriam had no available cash and a minimal insurance policy was already known to the attorneys. However, Miriam did have two properties which she worked her entire life to own, and the thought of losing her estate at this point in her life was hard to fathom. Miriam’s daughter, also present at the mediation, commented in our initial joint session that she was scared that her family would end up homeless if Bob won the case. This explanation, I learned later in private caucus, had a tremendous heart-rending effect on Bob, who concluded in his mind during the mediation that he couldn’t live with himself by possibly ruining their lives through a jury verdict.

Bob explained in front of Miriam and her counsel how this incident had had a devastating affect on his health, though after about one year he felt fairly recovered, with the exception of some scars from the coffee.

While I could have jumped directly into the Negotiation stage of the mediation at this point, I decided to stick with the Communication process. I find it critical to the success of a case to spend some time in the Communication stage in order to surface all sides of the conflict and in essence let the parties have their day in court. Inevitably when I am anxious to cut to the chase and begin the negotiations, I find the parties are more apt to get locked up in positions that could have been softened up in the communication stage.

Stage Four: The Negotiation

I sensed that it was the right time to move into the Negotiation stage when the parties were starting to repeat themselves and I could see that the attorneys were anxious to work on what they came to the table for–the deal. To accomplish this, the TASK was to begin the bargaining dance between the parties. In this case, Bob understood from his counsel that he could expect a verdict in excess of $500,000 in court, but that such a verdict might be a pyrrhic victory due to the limitations on cash available from Miriam’s estate. The ACTION I took was to suggest to Bob that he and his attorney start considering other options that would require courageous thinking on his part, including significantly reducing his expectations so that Miriam could start figuring out some ways to free up some of the cash in her estate. The RESULT we were trying to achieve was “flexibility and innovation.” This would allow us to close the gap in the negotiation and ultimately come together.

In our private meeting, the first thing I heard was that if Bob pushed this case any further, Miriam would let him get a judgment and file for bankruptcy, virtually eliminating any chance for recovery. I asked permission to share that information with Bob but Miriam’s counsel declined. He wanted to see what Bob was willing to do before he pushed the bankruptcy button. I then asked Miriam and her counsel if they would consider taking steps to free up some cash from the equity in her homes. Bingo! The question was something they had already considered and though they preferred not to, they checked with the bank and could access about $50,000 in an equity line on the homes. That was the most they could get and encouraged me to sell it to Bob. I understood that if that wasn’t acceptable, Bob would then be presented with the bankruptcy option.

I then caucused with Bob and asked him if he was able to reduce his expectations and come up with some creative ideas to solving this dispute. I was pleased to learn that Bob did not want to put Miriam and her family out on the street, and that they were willing to consider settling for something in the neighborhood of $200,000 – $250,000, which would be the amount that could be realized if one of Miriam’s homes was sold. Though I knew that Miriam would not consider selling one of her homes, I thanked Bob for coming up with such a creative option and I would see if there was any interest.

At that point I knew that we had narrowed the gap from $500,000 as a demand and $50,000 as an offer to $200,000 as a demand and $100,000 as monies available to settle. In short, we were only $100,000 apart.

The next step in the negotiation was to explore Bob’s idea, though I knew Miriam wouldn’t accept it. What came out of that round was that the house that Bob wanted Miriam to sell was only worth about $150,000 after paying a broker’s commission. Bob knew the area where the house was located and agreed with that assessment. He indicated that he would be willing to accept the $150,000 if the house were sold. Now we were $50,000 apart and I was the only person who knew it.

Bob’s counsel pressured me to reveal what Miriam was willing to do financially. I told him that I wasn’t at liberty to disclose what she can offer, but that I felt that the parties were making good progress and that Miriam would find a way to pull out some money from the houses. Realizing that the last $50,000 would be the hardest gap to fill, I asked for more time to speak to Miriam’s counsel so that I could get them a solid offer.

I then met privately with Miriam’s counsel to inquire if there was any possibility of getting more money out of the equity line. I was convinced that $50,000 was the maximum and spent the next several minutes discussing the appropriate negotiation strategy to present to Bob. We agreed that offering the entire $100,000 at this point might not give them any room to move later, and I received permission to offer $85,000 with an explanation of the potential that Miriam might file bankruptcy.

I then presented the $85,000 offer to Bob and his counsel, explaining the risk of collecting if they forced Miriam to judgment. They pressed me on where Miriam was getting the extra money without selling a house and I informed them that it would be from an equity line she would set up with a bank. Bob was fascinated by the concept of the equity line and had questions about the effect of a bankruptcy on any potential judgment. His counsel conceded that a bankruptcy would make collection difficult, but still felt that the amount offered was too low. I asked him if he would consider anything less then “six figures.” The answer was probably not, but at least I got a sense that they weren’t adamant in their position. I suggested that they allow me to determine the most that could be obtained from the equity line, and to report my findings to them. I suggested that they be prepared to close a deal at whatever that number might be. They agreed to listen.

At this point I felt like the entertainer who did the spinning plates routine on the Ed Sullivan show, going back and forth trying to keep the plates spinning simultaneously until the time was ripe to close the deal. I then advised Miriam’s counsel progress was being made but that the only way to find out if we could settle the case would be to give me permission to offer the entire $100,000. He agreed.

Moving back to private caucus with Bob, I submitted that there was a good possibility that the bank would allow up to $50,000 on the equity line, and that if that were so, I would encourage Miriam to offer it. I didn’t want to propose it unless I was certain that Bob would accept it. I asked him to speak to his counsel privately and let me know in a few minutes what he wanted to do. Sensing that the spinning plates were slowing down, I waited a few minutes with Miriam, her daughter and counsel. I then went back into the room and learned that Bob would settle for $100,000 if it was offered, but not a penny less.

Stage Five: Closure

Knowing that a settlement was imminent, my remaining TASK was to finalize the agreement. The ACTION I took was to discuss with Miriam and her counsel the paperwork involved in getting the equity line, the commitment she must make to the bank to pay off the $50,000, and importantly, what it meant to her to put this case behind her. She understood everything and was ready to finalize the deal. The insurance company was waiting in the wings with their additional $50,000 and couldn’t have been happier. The RESULT here was that both parties would make an “Informed Decision” about settlement, and that everyone could deliver on their promises.

I then congratulated Bob and his counsel for their hard work and confirmed that we had a deal at $100,000. I emphasized that Miriam was willing to stretch to make it happen and that Bob could finally put this chapter of his life behind him. I then prepared a Memorandum of Understanding and called everyone together in the conference room to sign the agreement. I also discussed the specifics about finalizing the deal, such as signing releases, dismissal of the lawsuit, the time it would take to fund the settlement, and other details necessary to implement the agreement. It was obvious that all parties were satisfied with the terms of the settlement, and the case was closed.

Jeffrey Krivis

Improvisational Negotiation. This phrase summarizes Krivis’ philosophy for a successful and dynamic mediated negotiation. A successful mediation needs both keen legal insight gained from years of litigation experience and cannot be scripted. Exploring this idea with further study led Krivis to venture on the stage as a stand-up comedian. Ultimately,… MORE >

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13 Generating Options and Problem Solving

so far , parties have described for each other and the mediator the background of their dispute, identified most if not all issues to be discussed, developed a mutually acceptable agenda, and (through joint education and questioning) begun to clarify some of the needs and interests to be satisfied. Now, the central task of the negotiators and the intermediary is to develop mutually acceptable options for understandings or agreements.

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Collective Bargaining
Negotiation

Problem-Solving or Narrative Approach to Mediation?

October 2019
Papers of Social Pedagogy 12(2):11-27
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How Does The Mediation Process Work – Steps and Procedure

Introduction to mediation, the mediation process: step by step.

Preparation

Opening Session

Joint Session

Private Sessions (Caucus)

Negotiation and Problem-Solving

Agreement and Closure

Benefits of Mediation

Mediation is an alternative dispute resolution process that enables disputing parties to voluntarily and confidentially resolve their conflicts with the assistance of a neutral third party called a mediator. It is a flexible approach commonly employed in various settings, including family, workplace, and commercial disputes , aiming to facilitate the creation of mutually acceptable agreements between the parties involved.

The mediation process consists of several sequential stages, each intended to foster effective communication, comprehension, and negotiation among the parties involved. These steps encompass:

1. Preparation

The first stage of the mediation process is preparation. In this phase, the mediator gathers pertinent information regarding the dispute. This may involve reviewing relevant documents, conducting individual meetings with each party, and identifying the key issues that need to be addressed during the mediation session.

2. Opening Session

The second stage of the mediation process is the opening session. In this phase, the mediator initiates the mediation by introducing themselves and clarifying their role. They also establish the ground rules that will govern the session. Emphasis is placed on the significance of confidentiality and the voluntary nature of the mediation process.

3. Joint Session

The third stage of the mediation process is the joint session . In this stage, each party is given an uninterrupted opportunity to express their perspective on the dispute. This phase allows the parties to openly share their emotions, concerns, and viewpoints. The mediator plays a crucial role in fostering a respectful and constructive atmosphere, ensuring effective communication between the parties.

4. Private Sessions (Caucus)

Following the joint session, the mediation process may involve private sessions, often referred to as caucuses, conducted by the mediator with each party individually. In these confidential meetings, the mediator has the opportunity to delve into the parties' respective interests, explore potential solutions, and engage in discussions regarding potential concessions or compromises. These private sessions enable the mediator to facilitate a deeper understanding of the parties' needs and facilitate progress towards a mutually beneficial resolution.

5. Negotiation and Problem-Solving

Once the mediator has gained a comprehensive understanding of the parties' needs and priorities, the fifth stage of the mediation process involves facilitating negotiation and problem-solving discussions. The mediator's role is to assist the parties in finding common ground and exploring potential solutions that address their interests. The ultimate objective is to reach a mutually acceptable resolution that satisfies the needs and concerns of all parties involved.

6. Agreement and Closure

The final stage of the mediation process is the agreement and closure phase. In the event that the parties involved reach a mutually acceptable agreement, the mediator assists them in creating a written document that outlines the terms of the agreement. This document, when signed by the parties, may hold legal validity and become a binding agreement. However, if an agreement is not reached, the parties retain the option to explore alternative dispute resolution methods, such as arbitration or litigation, to resolve their dispute.

Mediation provides numerous benefits compared to traditional litigation, including:

Cost-effectiveness : Mediation tends to be more cost-effective than going to court since it avoids high legal fees and lengthy trials.

Time-efficiency : The mediation process is typically faster than litigation, enabling parties to resolve their disputes and move forward more promptly.

Confidentiality : Mediation sessions are confidential, ensuring that the information shared remains private. This safeguards the parties' reputations and protects sensitive information from public disclosure.

Empowerment and Control : In mediation, the disputing parties actively participate in crafting the resolution, giving them greater control over the outcome. This empowerment fosters a sense of ownership and promotes more satisfactory results.

Preservation of Relationships : Mediation emphasizes constructive communication and problem-solving, which can help preserve or even improve relationships between the parties. Unlike adversarial litigation, mediation focuses on collaboration and finding mutually agreeable solutions.

Flexibility : Mediation is a flexible process that can be customized to accommodate the specific needs and circumstances of the parties involved. This adaptability allows for creative problem-solving and tailoring the resolution to meet everyone's interests.

Mediation offers a range of advantages over traditional litigation, including cost-effectiveness, time-efficiency, confidentiality, empowerment, relationship preservation, and flexibility. By opting for mediation, parties can engage in a constructive and collaborative process that leads to mutually satisfactory resolutions.

In conclusion, mediation provides a highly effective alternative to traditional litigation , presenting a more adaptable, cost-effective, and collaborative approach to resolving disputes. By comprehending the sequential stages and procedures involved in the mediation process, parties can make well-informed decisions about whether this method suits their specific situation. Mediation often facilitates the achievement of mutually satisfactory agreements, preserves relationships, and fosters a positive and constructive resolution for all parties involved.

How Mediation Works: The Process in 10 Stages

31 March 2023

The growth of mediation in a wide range of settings continues apace. While its advantages are generally well advertised, insights into the mediation process works can serve as an important element in its promotion.

Mergi Hernandez examines the key stages.

View Mergi Hernandez BL’s Law Library Profile

The Pre-Mediation Phase

After the parties have agreed to undertake mediation, the process is very flexible and can differ in styles and approaches.

Generally, a number of connected phases and steps are followed and repeated in the pursuit of finding a mutually acceptable resolution. The success or failure of the process lends its self to the skill and expertise of the mediator, as much as the willingness of the parties to engage.

The preparation will focus on the relationship of the parties, the mediation process itself and the dispute itself. This phase is generally managed by a solicitor, however parties may directly engage a barristers or other professional without the necessity of a solicitor.

The parties willl need to gather adequate information [5] about the process to see if their dispute is suitable for meditation. [6] Participation is on a voluntary basis, [67 with their informed consent, [8] before the dispute can be referred to mediation. Most of the time this information is provided by the parties’ advisors, if any.

Selecting a Mediator

The parties may choose to select their own mediator directly from a given institution or seek referrals. The selection [9] of the mediator is crucial to a successful mediation, as the mediator may be requiring having somewhat a background knowledge or speciality to conduct the mediation put before him/her. They must be competent, capable of building a rapport, trust, and confidence with the parties and to assess the parties’ attitudes and behaviour, [10] to achieve a successful resolution to the dispute.

Where legal proceedings are in being or are being threatened, the parties may consider postponing or adjourning those proceedings [11] , to see if an agreement can be reached between the parties.

Preparation for the Mediation

Once the parties have agreed to undertake mediation to resolve their dispute, and the mediator has been selected, the mediator may initiate contact either face to face, via Zoom, by phone or email, before the appointed day of the mediation. [12]

There is not an exact formula as to how the mediator should run the mediation [13] at this stage. This can include

A short briefing about the process,
Rules and how it would be conducted, [14]
The mediator should also provide the parties with his or her qualification [15] and years of practice, membership of any professional bodies, code of conduct which the mediator is bound by [16] ,
The relevant fees and cost for the mediation,
The date, time and time in which the mediation will be conducted [17] .

The physicial venue [if not online] is usually a neutral venue, where no party feels threatened; such as a lawyer’s office, dispute resolution centre, conference centres, hotel conference room or court premises.

The Bar of Ireland provides an Arbitration and Alternative Dispute Resolution Appointment Service for parties unable to decide on a mediator or arbitrator.

This scheme provides a fast and free service whereby the parties to a dispute can if they agree, ask the Chair of the Council of The Bar of Ireland to appoint a Barrister to act as Arbitrator or Mediator to the dispute.

Agreement to Mediate

The mediator should proceed and confirm the agreement to mediate with the parties, whereby they agreed to mediate the dispute and present to the parties a copy of an “ agreement to mediate” [18] which contains all the above and a clause setting out how the parties could make a complaint if a party is not satisfied with the professional behaviour [19] of the mediator.

A clause setting out what data will be processed/stored and for what period, should be cited as well as information as to the confidentiality of the process. [20] The mediator must also inform the parties as to their right to seek legal advice, [21] the way the mediation can be terminated, [22] and such other terms as agreed by the parties. [23]

An important issue, during this stage, the mediator should enquire as to any potential conflict of interest that may impede him/her from acting as mediator. [24] Or any acquaintances associated with the parties to the mediation or their representatives to ascertain neutrality and impartiality in the process [25] . This stage of the process will assist the mediator in assessing the parties’ mood, behaviour and decide whether to have the parties in a joint discussion or private session (Caucus). [26]

The Mediation Process

In this phase, the mediator will usually meet each party individually, and deal with any queries or concerns they may have and prepare them for a joint meeting. At this stage the mediation agreement should have been signed. When the parties are brought together, the mediator will have his/her first opportunity to assess the dynamic between the parties.

Mediators generally follow a common plan [27] for their mediation session [28] . This can include:

An opening statement by the mediator, identifying himself/herself to the parties, outlining his/her credentials,
Setting out the ground rules for the mediation,
reinforcing the mediation agreement, emphasising the voluntary nature of the process,
review the confidentiality of the process to ensure the parties understand what can and cannot be held in confidence [29] and defining his/her role [30] as a facilitator [31] rather than a decision maker. [32]
Finally the mediator should congratulate the parties for attempting to settle their dispute and assert confidence in the process they are about to undertake. [33]

After the mediator has made his or her opening statement, the parties will proceed to make their own opening statements uninterrupted.

Mediation Skills

A qualified mediator exercises the skills of active listening and carefully pays attention to the opening statement of the parties, so that he or she can gain an initial view of the real source of the problem. It will also assist the mediator in determining who may need an individual meeting, commonly referred to as caucuses.

The mediator uses excellent communication skill to enable him/her to summarise and reframe the problem of what the parties described in their opening statement, with the use of positive language, creating trust and making sure that she/he captures the parties’ views, needs and emotions. [34]

Information Gathering Stage

The mediation moves into an information gathering stage, where the mediator will ask the parties questions to identify problem areas and common issues and may allow them to discuss the issues with each other rather than the mediator.

This is an important opportunity will assist the parties to focus less on their position and more on their interest. The mediator must maintain a positive environment, defusing negative emotions and enforcing behavioural rules to tackle rudeness and or interruptions. This stage of the process can take on a joint session or private session (Caucus) between the mediator and one of the parties. Where sensitive issues are discussed, or when the parties need to cool off and refocus, caucus is the appropriate forum.

When the mediator holds caucuses with a party, he or she should explain the rules on confidentiality and the “without prejudice privilege” [35] before starting the session and at the end of the meeting. The mediator should verify what information the parties wish to keep confidential and what information can be disclosed.

Exploration Stage

The mediation will then move to an exploration phase, where the mediator will ask further questions of each of the parties to establish common ground by uncovering and clarifying the parties’ hidden interests if any, [36] and shape the agenda for the mediation, which may include joint and individual meetings (caucuses).

The mediator may encourage each party to acknowledge the other side’s interests even if they do not agree with them, to work on possible solutions. Generally, participants find a therapeutic value in being able to articulate their feelings in an atmosphere in which the other side is prepared to acknowledge such concerns and, even they do not accept them in full, at least recognise that they are of importance to the other.

During the information gathering and the exploration phase, instances may arise, where the parties become entrenched in their position, get annoyed, reach flashpoint in an ongoing state of tension, disagree about specific incidents and issues that have proved difficult to let go.

A skilled mediator shows empathy and sensitivity to allow such expressions, but not to compromise the goal and progress achieved. At the end of this session, the mediator should have clarity on the parties’ issues, needs and interest to prepare the ground for settlement agreement.

Breaking a Deadlock: Bargaining & Settlement

After the exploratory phase, the mediation moves into the bargaining phase where the mediator brings the parties to the Zone Of Potential Agreement (ZOPA).

At the bargaining stage, the mediator’s task is to make the parties comfortable with making concessions, until they reach a mutually acceptable compromise. This can shift the parties from viewing the problem in Zero Sum terms towards that of mutual benefits and shared gains. [37] This method assists in preventing negotiation deadlocks. [38]

Where the parties cannot reach a substantive agreement, or are deadlocked, the mediator will guide the parties by using a number of techniques of direct and indirect negotiation skills, preparing the parties for reality testing and risk assessment such as Best Alternative To a Negotiation Agreement (BATNA) and Worst Alternative To a Negotiation Agreement (WATNA).

The mediator must have persuasion skills for use in the process of negotiation, to identify the constraints (legal, financial, and practical) which will hamper finding a solution [39] and convey impressions or ideas that alter the other’s perception of a situation or proposal by putting forward a realistic alternative.

A mediator skilled in managing people’s expectations, will exercise some level of pressure on the parties during the negotiation process. It will also give the parties enough freedom to articulate on their views to achieve a good outcome.

Towards a Settlement Agreement

At the conclusion stage [40] , the parties may consider proceeding by drafting the settlement proposal, if any was agreed, In the settlement proposal, the parties would have outlined new terms of the contract if any, performance of same and the deadline within which the performance will be carried out.

The time set will need to be a realistic time. The parties may also decide whether the said settlement agreement will be binding on the other. [41] The parties may also consider whether they wish to avail of the mediation again if future grievances arise.

Developments in Policy

The use of mediation in Ireland continues to be promoted by both industry and legal professionals, due to the possibility for resolution. However, neither is it a panacea and in some circumstances, the courts are the most appropriate forum.

The Mediation Act 2017, changes to the Civil Liability & Courts Act 2004, as well is its promotion in a wide number of strategy proposals, all point to expanding use in a wide range of contracts and contexts. Indeed, the Report of the Judicial Planning Working Group provides an explicit recommendation:

Recognising the right of persons to have recourse to the Courts, it is recommended that every opportunity be taken to utilise ADR mechanisms such as mediation, arbitration and conciliation in appropriate circumstances and on a voluntary basis, to resolve disputes in areas in which they are under-utilised which should alleviate the burden on judicial time.

We think of mediation as a process rather than a dry formula because the parties are human and their motivations, and perceived interests, are rarely simple or straightforward. Furthermore, the mediator is a facilitator and is not there to adjudicate or impose solutions.

Those who have a positive experience of the mediation process view it as progressive, in that it allows space and flexibility to deal with sometimes complex, intertwined and personal positions, that the court setting may not be suitable.

Similarly, an experience legal advisor and mediator will be to identify the conditions where mediation is not a viable option, and that the court litigation process may the best in terms of advancing matters. Regardless, the qualities, experience and nuance of a mediator can be determinative of whether a matter at mediation falls or stands, and whether the parties sustainably proceed beyond the current dispute.

The views expressed above are the author’s own and do not reflect the views of The Bar of Ireland.

Alternative Dispute Resolution Services at The Bar of Ireland

A significant number of members of The Bar of Ireland are accredited mediators, and all barristers can act as arbitrators. They offer a wide range of experience in many areas of law.

[1] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [1.28] at p15.

[2] Law Reform Commission, Report on Alternative Dispute Resolution: Mediation and Conciliation (LRC 98-2010) (Dublin, November 2010), CHAPTER 2 ADR: TERMINOLOGY & SCOPE, Parra [2.25] p19 at https://www.lawreform.ie/_fileupload/reports/r98adr.pdf

[3] Christopher Moore, Summary of “The Mediation Process: Practical strategies for Resolving Conflict” available at https://www.beyondintractability.org/bksum/moore-mediation

[4] The Mediator’s Institute of Ireland, Before Mediation, at https://www.themii.ie/about-mediation/mediation-process/before-mediation [accessed 09 March 2022]

[5] s23 (1), Mediation Act 2017 Applicable to mediation sessions in family law and succession proceedings

[6] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [3.150] at p123 And Atlantic Shellfish v Cork County Council et al [2015] IEHC 570.

[7] Penelope McRedmond, Mediation Law, Chapter 4, Voluntariness (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [4.04] at p134.

[8] Penelope McRedmond, Mediation Law , Chapter 6 (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [6.23] at p178.

[9] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [6.27] at p180.

[10] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [1.32] [1.33] at p17-18.

[11] s19(1)(2)(3). Mediation Act 2017.

[12] The Mediator’s Institute of Ireland, Preparation for the mediation , para 3, accessed at https://www.themii.ie/about-mediation/mediation-process/before-mediation

[13] Honorable Society of King’s Inns, Alternative Dispute Resolution Course Manual p.57

[14] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [3.150] at p123.

[15] S8(1)(b)(i)(ii)(iii) Mediation Act 2017.

[16] S8 (1)(c) Mediation Act 2017.

[17] s7(a)(b)(c). Mediation Act 2017.

[18] s7. Mediation Act 2017

[19] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [3.62] at p65. See s50 of the Mediators Institute of Ireland’s Code of Ethics and Practice and s10 (1) (e) Mediation Act 2017, states that disclosure of confidential information may be disclose by the mediator in order to defend him/herself against such proceedings.

[20] Farm Assis Ltd v The Secretary of State for the Environment Food and Rural Affairs (No. 2) [2009] EWHC 11O2 (TCC); [2009] B.R.L 399 (TCC)

[21], s7(d)(e), s10(2), Mediation Act 2017.

[22]s7(f). Mediation Act 2017.

[23] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [3.62] at p65.

[24] s8 (2)(a). Mediation Act 2017.

[25] S8(2)(b) Mediation Act 2017.

[26] The mediator’s Institute of Ireland, Preparation for the mediation , para 3, accessed at https://www.themii.ie/about-mediation/mediation-process/before-mediation

[27] Law Reform Commission, Report on Alternative Dispute Resolution: Mediation and Conciliation (LRC 98-2010) (Dublin, November 2010), CHAPTER 2 ADR: TERMINOLOGY & SCOPE, Parra [2.31] p20 at https://www.lawreform.ie/_fileupload/reports/r98adr.pdf

[28] The mediator’s Institute of Ireland, The Mediation , accessed at https://www.themii.ie/about-mediation/mediation-process/before-mediation

[29] s10(2) (a)(b)(c)(d)(e). Mediation Act 2017.

[30] s7. Mediation Act 2017.

[31] Law Reform Commission, Report on Alternative Dispute Resolution: Mediation and Conciliation (LRC 98-2010) (Dublin, November 2010), CHAPTER 2 ADR: TERMINOLOGY & SCOPE, Parra [2.32] p21 at https://www.lawreform.ie/_fileupload/reports/r98adr.pdf

[32] Penelope McRedmond, Mediation Law (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [2.02] [2.03] at p21-22.

[33] The mediator’s Institute of Ireland, The Mediation , accessed at https://www.themii.ie/about-mediation/mediation-process/before-mediation

[34] Jennifer E. Beer & Caroline C. Packard with Eileen Stief, The Mediator’s Handbook , (4 th , Edn, new society Publishers) at p95

[35] Mediation Act 2017 s10(3) Evidence introduced into or used in mediation that is otherwise admissible or subject to discovery in proceedings shall not be or become inadmissible or protected by privilege in such proceedings solely because it was introduced into or used in mediation.

[36] Law Reform Commission, Report on Alternative Dispute Resolution: Mediation and Conciliation (LRC 98-2010) (Dublin, November 2010), CHAPTER 2 ADR: TERMINOLOGY & SCOPE, Parra [2.33] p21 at https://www.lawreform.ie/_fileupload/reports/r98adr.pdf

[37] Zero Sum negotiations result in an advantage for one side equating to an equivalent loss for the other. A non-zero-sum game is one where both parties can gain without the other losing. Oxford Dictionary for the Business World , OED, 1993. The theory originates in mathematics of Jon van Neuman and economics of Oskar Morganstern.

[38] Law Reform Commission, Report on Alternative Dispute Resolution: Mediation and Conciliation (LRC 98-2010) (Dublin, November 2010), CHAPTER 2 ADR: TERMINOLOGY & SCOPE, Parra [2.32] p21 at https://www.lawreform.ie/_fileupload/reports/r98adr.pdf

[39] The mediator’s Institute of Ireland, Preparation for the mediation , para 3, accessed at https://www.themii.ie/about-mediation/mediation-process/before-mediation .

[40] Penelope McRedmond, Mediation Law , Chapter 11, Mediation and the European Union (Reprinted 2019, Bloomsbury Professional Ltd 2018) para [11.16] at p321.

[41] See [11.18] p321.

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Five Stages of Mediation

by BTMediationAdmin | Jan 5, 2022 | Mediation | 0 comments

Why Clients Bother With the Mediation Process

Before you understand what’s involved with mediation, it might help to understand why so many choose this process. Mediators work with many different kinds of disputes. Often disputes between neighbors end up in mediation, but so do court cases.

Once litigation begins, often the judge will order the parties to mediation before the case is taken to trial. This is fairly common in disputes between employees and employers, personal injury cases, and family law cases.

Mediation is an advantage for everyone, as it’s an easy way to come to an agreement without having to go through the stress of a trial. It can also create win-win situations that help give the parties involved a bit more control over the outcome.

The Stages of Mediation

Now that you understand the why behind the cases clients bring to your office, it might help to know more about the stages every mediation should go through.

Stage 1: Opening Statements

Once everyone is seated around the table, you’ll want to introduce everyone, explain the goals for the session as well as the rules, and encourage everyone to work together throughout the session.

Each party can then make an opening statement. They should describe their side of the dispute and the consequences involved. The key rule during this part of the process is that no one party gets to interrupt any other part.

Stage 2: Joint Discussions

After opening statements are complete, and depending on the dynamics, everyone at the table may have the chance to discuss what was presented in opening statements. If so, focus on asking both parties open-ended questions to build a dialogue about what happened and the issues that must be dealt with to bring a resolution to the situation.

This could involve payment, a division of property, or even custody agreements in family law cases. Try to keep the situation as calm as possible at this point. Encourage everyone to take turns and respond without anger.

Stage 3: Private Discussions

Once the two parties have met together, they should then each meet privately with the mediator. Both sides should get their own space at this point, and you’ll want to move between rooms to discuss the positions of each side.

Ask the necessary questions at this point, but also summarize both the strengths and the weaknesses of each side’s position so they understand what’s at stake and how their case looks to an unbiased individual. This is also a great space to develop the ideas necessary to make a settlement work.

Stage 4: Negotiation

Once you know that each side is ready to offer , bring the two parties back into the same room so they can negotiate the right settlement with each other. The goal here is to present all of the ideas and agree on those that might work.

Don’t start this stage until both parties are actually ready to come to some kind of settlement, as if you do this too soon, it’s possible to lose everything at this stage.

Stage 5: Settlement

This is the final step in the process. If you cannot reach a settlement, you’ll simply help both sides decide whether to try again or to take the case to trial. If the parties have reached an agreement, though, you’ll want to get absolutely everything in writing.

It will need to be signed by both parties. Make certain, though, that both parties are licensed to come up with a settlement offer, as if you’re dealing with a corporation, you may have to wait for approval from the board of directors or the CEO, which can derail a process after all of your hard work.

Your Role in the Stages of Mediation

As a mediator, your role in the mediation process cannot be understated. Remember that how well you do in mediation is as important as what you’re doing. Follow the steps carefully, and think about what’s at play. Pay attention to the tone of your own voice as well as those of the parties in the room. Understand what you can make or break the entire process just by knowing where to turn and when to do so. Be open to new methods and new strategies, and remember that mediation often gets easier as time goes by.

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What Makes a Good Mediator? Key Qualities and Skills Explained

In the complex world of conflict resolution, the role of a mediator is crucial in achieving successful outcomes for all parties involved. A good mediator possesses unique skills, traits, and abilities that enable them to navigate and resolve disputes effectively. This article seeks to explore the essential qualities that contribute to the effectiveness of a mediator in various conflict situations.

One of the key attributes of an effective mediator is their ability to remain impartial throughout the process. This neutrality allows them to gain the trust of all parties involved, which is crucial for open communication and collaboration. Additionally, a good mediator should possess persuasive communication skills, both active listening and articulate speaking. This enables them to understand each party’s viewpoints, facilitate discussions, and clarify misunderstandings, leading to a mutually beneficial resolution.

Furthermore, a skilled mediator must be adept at problem-solving and critical thinking. They need to identify the underlying issues within a dispute and explore creative solutions that address the needs and interests of all parties. Emotional intelligence and empathy are also essential qualities in a mediator, as they must be able to recognize and manage the emotions of the disputing parties during high-pressure situations. These traits, combined with patience and perseverance, contribute to a mediator’s success in achieving lasting resolutions for conflict.

Essential Characteristics

A good mediator maintains a neutral stance during the conflict resolution process. They do not favor one party over another and ensure fair treatment for all involved. An unbiased mediator fosters trust and comfort, which are essential for establishing rapport with the disputing parties.

Empathy is the ability to understand and share the feelings of others. A skilled mediator demonstrates empathy by acknowledging the emotions and perspectives of all parties involved in the conflict. This allows them to build confidence and more effectively facilitate communication between the disputing parties.

Patience is vital in the role of a mediator . The process of conflict resolution can be emotionally charged and time-consuming. A patient mediator allows for the disputing parties to express their feelings and concerns without rushing to a resolution. By exhibiting patience, a mediator can create a more relaxed atmosphere that encourages open dialogue.

Humility is an essential characteristic for a good mediator. They recognize that their role is not to impose their views or opinions on the disputing parties but to assist them in reaching their resolution . A humble mediator maintains the focus on the parties’ needs and concerns, ensuring a better outcome for all involved.

Dedication to the process of conflict resolution is crucial for any mediator . They must commit to helping the disputing parties find a mutually acceptable resolution , even when challenges arise. A dedicated mediator demonstrates resilience and determination to help the parties reach their goals while maintaining a clear, neutral, and knowledgeable tone throughout the process.

Skills and Training

Negotiation skills.

A good mediator possesses exceptional negotiation skills. They should be capable of helping disputing parties find common ground and reach a mutually beneficial settlement. Successful negotiators often display empathy, active listening, patience, and the ability to think strategically.

Problem-Solving

Mediators need to have strong problem-solving skills. They must be able to analyze complex situations and identify each party’s underlying needs and objectives. By understanding these factors, mediators can help facilitate an effective resolution and devise creative solutions to the issues at hand.

Mediation Techniques

In addition to basic negotiation and problem-solving skills, a good mediator should be proficient in various mediation techniques. These may include:

Caucus sessions : Private meetings with individual parties to discuss their concerns and gather information.
Reframing : Restating a party’s position to help them better understand their own views or those of the other party.
Reality testing : Assessing the feasibility and practicality of each proposed solution.
Balancing power dynamics : Ensuring that both parties feel equally represented and heard.

Mediation Training

Mediators often undergo specialized mediation training to become skilled in the above areas. This training typically covers:

Mediation theory : The principles, goals, and ethical considerations inherent to the mediation process.
Mediation process and stages : Familiarity with the stages of mediation, such as preparation, opening statements, problem identification, negotiation, and agreement.
Legal knowledge : While not all mediators are attorneys, having a basic understanding of the legal framework relevant to the dispute (e.g., divorce, arbitration) can be beneficial.
Specialized skills : Some mediators receive additional training in specific areas, such as family mediation, workplace disputes, or cross-cultural mediation.

A well-rounded mediator with the above skills and training is better equipped to handle the complexities of mediation and guide disputants toward an effective resolution.

Areas of Expertise

A good mediator with expertise in family law can help parties to navigate complex legal matters such as child custody, divorce, and support disputes. This area of law often involves highly sensitive, emotional situations, and mediators need to be skilled at managing interpersonal dynamics to find mutually acceptable resolutions. Additionally, a working knowledge of the relevant legal framework is essential for a mediator to ensure that decisions made adhere to the law and protect the interests of all parties involved.

Employment Law

Specializing in employment law, mediators play a crucial role in resolving disputes between employees and employers. These disputes can involve wage disputes, discrimination claims, wrongful termination, and other workplace issues. Mediators with expertise in employment law should be well-versed in the relevant federal and state regulations that govern these disputes and understand the unique dynamics present in workplace conflicts. It is essential to strike a balance between legal knowledge and interpersonal skills to guide parties toward a fair resolution.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) encompasses various methods for resolving disputes, such as mediation, arbitration, and negotiation. Mediators with ADR expertise, like those from Northwestern University’s esteemed faculty like Stephen Goldberg, are highly skilled in facilitating the resolution of disputes without the need for litigation. Online mediation is becoming an increasingly popular option in ADR, as it allows for greater accessibility and convenience for the parties involved while still maintaining the confidentiality and impartiality of traditional mediation processes.

In conclusion, mediators with expertise in family law, employment law, and alternative dispute resolution processes should possess a solid foundation in the relevant legal frameworks and exceptional interpersonal skills to guide parties through difficult disputes. Mediators who approach their work with a confident, knowledgeable, neutral, and clear tone of voice can make a more significant positive impact on the parties they serve, ultimately leading them toward satisfactory resolutions.

Professional Experience

Attorney vs. non-attorney mediators.

Both attorney and non-attorney mediators bring unique skill sets to the mediation process. Attorney mediators typically understand legal issues and can provide valuable insights into potential outcomes if a matter were to proceed to court. This expertise can help parties evaluate the strengths and weaknesses of their positions and lead to more informed decisions.

On the other hand, non-attorney mediators may come from a variety of professional backgrounds, such as psychology, business, or social work. These mediators often possess strong communication and interpersonal skills and can be particularly effective in addressing the emotional aspects of a dispute. They tend to focus on fostering a collaborative problem-solving environment where parties feel respected and heard.

In both cases, a qualified mediator will exhibit professionalism, respect, and a deep understanding of the mediation process.

Court-Approved Mediators

Court-approved mediators are professionals who have met specific qualifications and have been recognized by the court as capable of effectively assisting parties in dispute resolution. These mediators have demonstrated competence in their respective fields and adhere to established ethical standards.

It is essential for parties in need of a mediator to consider the qualifications and experience of both attorney and non-attorney mediators when selecting a professional to guide them through the mediation process. Factors to consider include the mediator’s background, skills, and ability to create an environment conducive to successful problem-solving and agreement.

Mediators must understand family dynamics, emotions, and legal issues in family law matters, such as divorce. Divorce mediators, whether attorneys or non-attorneys, should know the laws governing child custody, support, and property division to facilitate informed decisions for all parties effectively.


	Knowledge of legal issues	Persuasive communication and interpersonal skills
	Ability to evaluate case strengths/weaknesses	Encourages collaborative problem-solving
	Complex legal disputes	Emotionally charged disputes

In summary, choosing a mediator with appropriate professional experience is crucial to ensure that the parties can reach a fair, informed, and lasting resolution to their dispute. Considering both attorney and non-attorney mediators and exploring court-approved options can help the parties identify the mediator that best aligns with their needs and dispute characteristics.

Mediation Process

Opening statements.

During the opening statements, the mediator sets the stage by highlighting the purpose and structure of the mediation process. Both parties are allowed to share their perspectives on the dispute and present their goals for resolution. This is essential in establishing a clear understanding of the issues at hand.

Negotiation and Compromise

From this foundation, the mediator guides the disputing parties through a negotiation process designed to find areas of agreement and areas of compromise. The mediator encourages effective communication, active listening, and creative problem-solving while maintaining a neutral stance. By facilitating a productive dialogue, the mediator can help the parties identify common interests and work towards an optimal settlement.

Negotiation skills : The mediator’s ability to navigate complex issues and maintain a constructive atmosphere is crucial in helping the parties reach a compromise.
Dispute resolution : Through negotiation, parties work together to resolve their disputes and find a mutually beneficial solution.

Reaching an Agreement

Once the negotiation process has been thoroughly exhausted, the mediator helps the parties draft a settlement agreement . This document outlines the resolution’s terms, including each party’s responsibilities and necessary timelines.

Settlement agreement : A written agreement that solidifies the terms agreed upon by both parties in the mediation process.
Impasse : In some cases, the mediation process may not result in a mutually agreeable resolution , leading to an impasse. If this occurs, alternative dispute resolution methods or legal actions may need to be considered.

Throughout the mediation process, the mediator’s role is to remain confident, knowledgeable, and neutral, ensuring that all parties receive equal representation and that the ultimate solution is fair and achievable.

Confidentiality and Neutrality

Confidential matters.

In mediation, confidentiality plays a crucial role in creating an environment where parties feel comfortable discussing their issues openly. This facilitates better communication and fosters trust between those involved. A good mediator must protect and maintain this confidentiality throughout the process, ensuring that all parties understand the importance of keeping the information discussed within the mediation setting.

Confidential matters include any information shared during the mediation, whether it is in joint sessions or private caucuses. These may involve sensitive subjects, financial details, or potential future actions. A good mediator manages these confidential matters by:

Clearly explaining confidentiality at the beginning of the mediation
Reminding parties about the need for confidentiality as the process continues
Keeping intimate notes and related documents secure

A mediator’s neutrality is essential in facilitating a fair and balanced process. It allows both parties to feel heard and understood, helping them work through their disputes collaboratively. To maintain neutrality, a mediator should:

Approach the case without preconceived notions or judgments
Refrain from offering solutions, legal advice, or taking a position in the matter
Actively listen to both parties, ensuring that their concerns and needs are addressed
Balance control between the parties to prevent one side from dominating the conversation

By noticeably adhering to confidentiality and practicing neutrality, a mediator helps parties navigate lawsuits and disputes more effectively . Best practices include starting the mediation with an opening statement reiterating these two aspects’ importance and setting a clear foundation for the process ahead. By confidently and knowledgeably executing these roles, a mediator fosters an atmosphere conducive to resolution and satisfactory outcomes for all parties involved.

A good mediator possesses a combination of skills, qualities, and knowledge that enables them to facilitate constructive discussions and effectively resolve conflicts. They exhibit confidence and neutrality while clearly conveying information to all parties involved.

One of the key traits of a successful mediator is their ability to remain impartial and unbiased, which helps promote trust among the disputing parties. They also possess effective communication and active listening skills, enabling them to understand and address all involved parties’ concerns adequately.

Moreover, a proficient mediator understands the mediation process and the necessary techniques for facilitating a resolution. This can include the use of open-ended questions, reframing statements, and employing problem-solving strategies.

In addition to these skills, a good mediator must be adaptable and flexible, adjusting their approach as needed to accommodate the dynamic nature of disputes. They should also be able to offer creative solutions and promote collaboration among the involved parties, ultimately aiming for an outcome that satisfies the needs and interests of all parties involved.

By demonstrating these qualities and continuously building upon their knowledge and skills, a mediator will be well-equipped to effectively resolve conflicts and contribute to a more harmonious environment for all.

Frequently Asked Questions

What skills are essential for effective mediation.

Effective mediators possess a range of skills, including active listening, clear communication, empathy, problem-solving, and creativity. These skills enable mediators to facilitate constructive dialogue between parties and guide them toward mutually satisfactory resolutions.

How does active listening contribute to successful mediation?

Active listening is crucial in mediation as it helps mediators understand each party’s perspective and underlying concerns. By attentively and neutrally engaging with the parties, mediators can identify common ground and uncover potential solutions that address both parties needs.

How does creativity play a role in conflict resolution?

Creativity allows mediators to develop innovative strategies for resolving disputes. In complex conflicts with multiple issues and parties, the mediator’s ability to think freely can lead to unique solutions that satisfy the interests of all involved.

What communication techniques are vital for a mediator?

A mediator must be skilled in both verbal and nonverbal communication. This means expressing ideas clearly, asking pertinent questions, summarizing others’ viewpoints accurately, and using body language effectively. Additionally, it is critical for mediators to strike a balance between assertiveness and neutrality to maintain trust and rapport between parties.

How does a mediator’s personality impact the process?

A mediator’s personality can significantly impact the process. Trust, rapport, and the ability to remain composed in tense situations are essential for effective mediation. A mediator should be adaptable, patient, and approachable to support parties during the conflict resolution process.

What is the ideal approach to problem-solving in mediation?

In mediation, a collaborative problem-solving approach is most effective. This process involves exploring each party’s interests, needs, and concerns, generating potential solutions, and evaluating them based on their ability to satisfy all parties. A mutually beneficial resolution can be achieved through open dialogue and thorough analysis.

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Bob Levin (Website)

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Bob Levin is an established authority in the mediation industry, bringing to the table a wealth of experience and an impressive track record in digital marketing and business consulting. Over his 14-year career, Bob has shown a deep understanding of the financial challenges faced by small business owners, which he has utilized to offer premium services at competitive prices. Bob’s pioneering marketing strategies have assisted numerous small businesses in outperforming their competition, earning him a distinguished industry reputation. This is evident in Transformational Outsourcing's A+ rating from the Better Business Bureau and the multitude of 5-star Google ratings the company has received. Bob’s tenure as the CEO of Clay Metal & Stone further enriched his proficiency in business operations and the complexities of outsourcing to professionals overseas. This crucial experience has honed his ability to work effectively with diverse teams both locally and internationally, enhancing their operational efficiency. Bob's trustworthiness and consistent delivery of high-quality results are reflected in his longstanding client relationships and the impressive portfolio of his digital marketing firm, Transformational Outsourcing. His status as a digital marketing expert is further solidified by his multiple affiliations, certifications, and commendations, such as his Adwords Search Certification, BBB Rating Badge, Google My Business Badge, Yelp Badge, and Google Reviews Badge. An avid researcher and lifelong learner, Bob remains updated with the latest digital marketing trends and techniques. His expertise in utilizing AI to boost clients' SEO rankings is particularly commendable. Recognized for his knowledge and expertise, Bob is regularly invited to speak at renowned platforms such as the Aventura Chamber of Commerce and various mediation conferences throughout Florida. Bob's achievements were formally recognized when he was presented with the esteemed Webmaster award by The Florida Association of Professional Mediators (FAPM). He has also served on the Board of Directors of the Aventura Chamber of Commerce & Community Development. Bob's academic background in psychology and business dovetails perfectly with his professional expertise, enhancing his understanding of market dynamics and client needs. In his downtime, Bob is an avid tennis player and enjoys dancing and singing. He also cherishes spending time with his sons and grandson. His multiple memberships, certifications, accolades, and unwavering commitment to continuous learning and industry engagement confirm his credibility and authority in the fields of digital marketing and business consulting.

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Conflict Resolution, problem solving, and mediation

Introduction, four strategies to manage conflict.

Conflict resolution outcomes

Benefits from conflict management and problem solving

Conflict resolution and problem solving terms, characteristics of a conflict resolution and problem solving environment.

General suggestions
Six step conflict resolution procedure for problem solving

Other Conflict resolution, mediation, or problem solving heuristics

Strategies to overcome impasse

Arbitration and Mediation

Mediated conflict resolution, zero tolerance as a way to reduce conflict.

Violence program summaries

Conflict is a regular part of our lives. Sometimes we assume conflicts are destructive, have no value and we try to suppress, avoid, and deny their existence.

However, situational conflicts occur all the time: who to sit by at lunch, when to get on task, when to play, when to talk, when to be quiet, when to listen, what game to play at recess, and who is going to do what.

We should recognize conflicts as inevitable, healthy and valuable; not as problems, but as opportunities to discover new solutions as we learn to manage them constructively.

Conflicts become harder to resolve when incompatible solutions are sought. Since long-term relationships are important, people and groups must manage conflicts and maintain positive relationships.

This page reviews four strategies to manage conflict and possible outcomes or resolutions. Benefits for conflict management to solve problems and characteristics for a problem solving environment to resolve conflicts. A six step procedure for resolving problems and general suggestions for its implementation and strategies to remove impasses and assist a resolution. Finally, notes on zero tolerance and violence programs are included.

For classroom instructional syntax & procedures to use to approach conflict and controversial issues.

Group Investigation Model of Learning and Teaching
Philosophy for Children in the classroom (P4C) procedure to stimulate classroom dialogue in response to children’s own questions about shared stories, films, and other stimuli to allow pupils to think and ask questions.
Speak Truth is a syntax or strategy to be used to listen and deepen personal understanding of the deep issues at play around controversial topics and to understand the variety of perspectives people bring to these issues
Jurisprudential Inquiry

Problem-Solving Negotiations : Are best thought of as conversations to seek solutions to ensure all parties achieve their goals a

nd resolve any tensions or negative feelings between them.

See six step conflict resolution procedure .

1. Smoothing : party gives up its goal to maintain the relationship at the highest possible level. Saying I'm sorry doesn't mean I'm wrong. It let's the other person know you are sorry about the situation when the goal is less important than the relationship.

2. Forcing a Win-Lose Negotiation : A party seeks to achieve its goal by forcing or persuading the other party to yield their goal. Strategies include threats, imposing penalties, preemptive actions to resolve without others knowledge or permission, persuasive arguments, impose a deadline, commit yourself to an unalterable position, and make demands that far exceed what is actually acceptable. The last strategy begins with an extreme opening position, and follows with a slow rate of compromise in an attempt to force the other party to concede. This strategy can be supplemented with persuasive arguments, threats, and attacks aimed at overpowering, overwhelming, or intimidating others. The purpose is to achieve the goal without concern for the needs or feelings of the other. The harder a party is pushed to give in, the harder the other person will push back. The more you force, the more the other resists and the angrier the other person becomes. When forcing is successful, winning may result in a sense of pride and achievement. When unsuccessful, it may result in depression, guilt, shame, and failure. It causes a high price of alienation and starts a spiral of win-lose tactics. Use when the goal is highly important and the relationship is not.

3. Compromise : Each person or group alters their goal toward the others goal. Methods to help people compromise are to split the difference, meet in the middle, flip a coin, or let chance decide. Use when the goal and the relationship are moderately important and you and the other person cannot seem to get what each want. Each gives up part of a goal and sacrifices part of the relationship to reach an agreement. Compromise when time is short, Sometimes half a loaf is better than none. Use when the goal is not important and you do not need to keep a relationship with the other person.

4. Withdraw : Leave, give up, submit, avoid the issue and the person.

Conflict becomes destructive when it's denied, suppressed, or avoided resulting in anger, fights, physical dominance, harassment, verbal attack, physical abuse, giving in, or cold shoulders. These actions do not resolve conflicts for benefit to all participants and instead result in alienating people.

Conflict Resolution Outcomes

Lose - Lose	Win - Lose	Win - Win
Both participants lose their original goal and attain something less.	One participant wins at the other's expense.	All participants achieve their goals.
Participants are angry, resentful, hurtful, and distrustful.	Participants are angry, resentful, hurtful, and distrustful. One participant may feel power, pride, and/or achievement while the other may feel depression, guilt, shame, hurt, failure, resentful, and/or angry.	Participants like, respect, and trust each other more.
Possibility of constructively resolving future conflicts with each other decreases.	Possibility of constructively resolving future conflicts with each other decreases.	Potential is increased to resolve future conflicts constructively.

Creatively solve problems
Learn what makes them angry
Understand what frightens them
Gain maturity
Become energized
Stimulated to enjoy solving a problem or competing
Increase motivation to learn
Arouse intellectual curiosity
Deepen relationships
Strengthen their convictions
Improve interpersonal relationships
Improve negotiating skills
Improve self-confidence and self-efficacy
Improve achievement
Improve reasoning
Are better able to deal with stress
Help understand what is important to them
Become less egocentric
Can gain and hold attention of others
Improve the quality of their decisions
Create joint identity and cohesiveness

Term	Definition of term
Want	Desire for something.
Need	Necessity for survival.
Goal	Ideal state that we value and work to achieve.
Interest	Potential benefit to be gained by achieving goals.
Conflict of interest	A situation in which the actions of one person interfere with or block those of another person attempting to reach a goal.

A risk free environment with open honest communication, no physical violence against self or another person, no public humiliation and shaming, and no lying or deceit.
Participants motivated to succeed by self-regulation, external rewards, or punishment.
A cooperative context with all participants committed to achieve mutual goals or outcomes beneficial to all involved.
Frequent, complete, and truthful communication. All must accurately understand the different positions and motivations (wants, needs, or requests).
Positive interdependence so all participants desire to search for a successful solution to accommodate all legitimate interests.

General suggestions for creating a positive problem solving environment

Stay calm. This can be hard, but someone needs to be in control, keep the situation from escalating, and focus on achieving a solution.
Face the issue . Do not withdraw from or ignore a conflict. If you do, in addition to damaging the relationship, you will keep emotional energy tied up in anger, fear, resentment, hostility, dislike, sulkiness, uncooperativeness, sarcasm, or talking behind the other person's back and new conflicts will be linked with the old to create further costs.
Be honest . Generally the stronger the relationship, the more direct and open the discussion can be.
Focus on the problem not the person . Keep the discussion free of personal criticism, recriminations, abusive language, and especially subtle jibes that inflict pain. Make it clear that disagreement is with the ideas and actions and not a value of the person. Separate the criticism of actions and ideas from the idea that the rejection is a statement of value of a person. Keep a sense of humor. Keep all weapons out of reach. No one hurts another. Protect each other's ego. Provide acceptable reasons for people to switch viewpoints.
Start with empathy and validation . Consider what is happening within each person's brain. Stress, trauma, living situations, social situations, ... Try to move things from the primitive brain, amygdala, ... and engage the frontal lobe to allow for rational choices to be possible.
Remember their behavior is likely more related to stress than lack of trust in you.
Think of it as an opportunity to break bad habits, reestablish norms, and teach.
Regularly use over communication . It can eliminate misunderstandings.
Remember, there is no magic solution. Change is hard because you know what you stand to lose, but not what you stand to gain.!
Collaborate with appropriate specialists, family members, teachers, support staff, and other community members.
Use Humor that is not sarcastic or at the expense of another person.

Six Step Conflict Resolution for Problem Solving

1. describe the problem :.

Describe what each person wants, acknowledge and explain how their desires are part of a joint problem. Frame the problem as small, specific, and solvable.

Describe each person's wants, needs, or goals using words such as I, me, my, or mine.
Acknowledged that what each person desires is part of the problem.
Explain how each person's desires blocks what each wants.
Describe the behaviors. Do not judge, evaluate, or make inferences about people's motives, personality, or attitude.
Focus on a long-term cooperative relationship.
Use paraphrasing to determine what each understands, cares about, and if they are taking each other seriously.

The conflict is described as a joint problem. Drivers converging on a four way stop; can be seen mutual as:

A competition of chicken and therefore, loose-loose, if no one chickens out they all die in a head on crash;
Win-loose, if one runs the stop sign and the others chicken out; or
Win-win if each yields the right of way through a process of taking turns.

Define the conflict as a joint problem that is small, specific and solveable .

Example: Kickball game with an equal number of players on each team. I want to play and they won't let me.

Making it large and general: If you don't let me play, you are no longer my friend.
Keeping it small and specific: If they let me play, the teams will be uneven.

Both of these statements acknowledge and explain a joint problem: not getting to play and loosing friendship and getting to play and having uneven teams.

2. Describe how each person feels .

Name the feelings (I feel ...). Use sensory descriptions I feel stepped on. I feel like I'm on cloud nine. I feel like I've been run over by a truck. Report what kinds of action the feeling urges you to do. I feel like hugging, slapping, walking on ... Use figures of speech. I feel like road kill... Avoid labels, commands, questions, accusations, sarcasm, approval, disapproval, and name-calling.

3. Exchange reasons of positions .

Express cooperative intentions. Present your reasons and listen to the other person's reasons:

May I ask why?
Can you be more specific?
What do you mean when you say ...?
I'm not sure I understand.

Tone of voice is as important as the words. Focuses on wants and interests, not positions I won't do this homework.. . Focuses on why rather than the object or issue. Two students, who each want an object, are opposed as long as their interests are having the object. If you ask why? And if there are different interests, then the conflict can be resolved . Clarify the differences between one person's interests and the other person's interests. You will need to work at it as people are often not willing to express their desires because of fears and vulnerability.

Conflicts can not be resolved until all parties know what they are disagreeing about. When that is know, then empower each person to think of different possible solutions. There may be a better option than either can think of separately.

4. Understand each other's perspective .

Each must be able to take the other person's perspective and understand how it looks to that person. People have different perspectives that have developed from different life experiences. People tend to see only what they want to see and focus on facts that confirm to their beliefs and perceptions and disregard or misinterpret those that call their perceptions or belief into question.

Thus, they only see the merits of their case and the faults of the other side. If a person has been lifting 100 lb. of cement all day a 40 pound sack is light. On the other hand if they've been pushing a pencil all day, then a 40 pound sack is heavy. When you are hungry you notice food, when you are not you do not.

Therefore, you must not only logically understand the other person's view, but you must empathize with their point of view and feel the emotional force the other person believes in it. You may see a glass with a delicious drink. Another person may see a dripping glass that is going to ruin the wood of the expensive table. Change a person's perspective and you will change the way they seek to solve the conflict.

A perception check is the best way to see if each is understanding the other person's perceptions. Describe what each thinks the other person's feelings are. Ask if perceptions are accurate. Refrain from expressing approval or disapproval of the feelings. You look sad. Are you? Use paraphrase, Role play, or role reversal.

5. Invent options for mutual benefit .

Be open-minded don't judge prematurely. Look for multiple or complex solutions and not single answers. Look for more resources. Do not assume a fixed pie. You have a friend who does not want to go to a certain movie, but does want to go to a certain restaurant. By expanding the evening to include dinner and a movie the chances are better to agree, than just deciding on a movie. Focus on the future or long term rather than the immediate needs and goals. Explore the unknown and avoid the same decisions as in the past.

6. Reach a wise agreement .

Such agreements reach the legitimate needs of all participants and can be viewed fair to all. Describe what each person will do differently, might include communicating who does what, when, where, and how.

Realistically ask each to agree and share in that agreement. Review how the agreement can be reviewed and renegotiated if need be. Base the agreement on coin flip, third party, taking turns, sharing, equal use, arbitrator, scientific method, and community values.

Reasons for saying no to a suggested agreement:

Clear reasons to say no	Unclear reasons to say no
Illegal	Intuition tells me no
Inappropriate	Not sure
Hurts people	A good choice is not there
I will have to break my word	I changed my mind

Source: David W. Johnson and Roger T. Johnson (1995) Reducing School Violence Through Conflict Resolution ASCD

Problem Solving Rug
Conflict and me worksheet
Peace making formula
Four W's and an H
Problem solving heuristic - variable solutions and consequences
Problem solving - mediation

Teachers should weave conflict resolution procedures and skills into the fabric of school life. Examples include: follow-up lessons on improving communication skills, ways to control anger, appropriate assertiveness, problem solving skills, perspective-taking, creative thinking, intrapersonal, and interpersonal skills. Integration into subjects like social studies and literature by analyzing the people or characters, their actions or inactions, world events or plots of the stories with respect to conflict and their resolution.

Conflict management training should be repeated yearly for 13 years, with an increasing level of complexity and sophistication.

Strategies to Overcome Impasse

Storytelling.

Tell the story of the conflict situation using a 'once upon a time' format.
When the story reaches the point of conflict, stop and ask for suggestions on how to resolve it.
Incorporate one of the suggestions in the story and conclude the story.
Ask the disputants if this suggestion would meet their needs and if it is a solution they might try it now or the next time they have a problem.

Problem Puppets

Use puppets to reenact the conflict.
Freeze the puppet role-play at a critical point in the conflict. Ask for suggestions. Incorporate one suggestion, and finish the play.
Repeat several different suggestions. Discuss whether each one will work to help children learn to think through the consequences of their suggestions.
Ask the children to pick the suggestion they think will work best.
Students set up an imaginary situation in which they act and react on assumptions and beliefs they select or are given for the characters they play.
Describe a conflict situation: give time, place, background and any other information to help students with the role. To help students get into their roles introduce them and the situation with descriptive and emotional words and voice fluctuations.
Act out the conflict and keep it short.
Freeze the role-play at critical points in the conflict. Ask for suggestions about what can be done next. Incorporate one suggestion into the situation and finish the role-play.
How could the conflict have been prevented?
How did the character feel in the situation?
Was it a satisfactory solution?
What other solutions might have worked?

Arbitration is a step of last resort. Arbitration tends to result in solutions that are less stable and less effective than those derived by problem solving. Anticipating that the arbitrator will split the difference, disputants may adopt a tough and extreme position, so a half-way position is more favorable to them.

Combining mediation and arbitration has two disadvantages . Participants believe they are being forced to reach agreement under mediation because arbitration will result, if they do not agree. The mediator may also become too forceful during the mediation session and shift prematurely to arbitration.

Arbitration Steps

Both persons agree to abide by the arbitrator's decision.
Both persons submit their desired goal to the arbitrator. Each party describes what he or she wants and would like to see happen.
Each person defines the problem and tells their side of the conflict.
Each person presents his or her case, no interruptions are allowed.
Each person has an opportunity to refute the other's contentions.

Teachers' primary responsibilities for successful arbitration

Building a cooperative context.
Teaching all students how to negotiate.
Teaching all students how to mediate.
Knowing how to mediate if peer mediation fails.
Knowing how to arbitrate if peer and teacher mediation fails.
Implementing the peer mediation process.
Structuring academic controversies so that students challenge each other's reasoning.

Arbitrator makes the decision. Winning or losing is assumed to be secondary to having had a fair opportunity to be heard.

Final offer arbitration

An alternative to conventional arbitration is final offer arbitration. Each disputant submits to the arbitrator his or her best, most conciliatory offer and the arbitrator makes a decision.

Mediator's steps:

End hostilities and cool off.
Ensure all people are committed to the mediation process.
Help each negotiate successful with each other ( six steps for resolving conflict ).
Formalize an agreement.
End Hostility and Cool off suggestions

Stop fights

Adults should always break up fights. Two adults should work together. Order students to stop and restrain them. Never restrain one student without restraining the other. Use restraint only in an emergency. Such action could cause the parties to turn on the teacher.

Train observers to leave and not to be spectators or
surround the dispute and chant stop fighting, or
singing a happy song: Row, Row, Row, Your Boat, or
distract and divert their attention, physical, and emotional energy. Hey whose $10?
Breaking eye contact between disputants will often stop a fight.

Cool off hostile individuals

Individuals can move to cool-off corners.
Use deep breathing and muscle relaxation. Take in a deep breath while counting to 10 and then back to 1, or
Tense all muscles and breath in, while muscles are tense hold breath for five seconds, slowly exhale and relax muscles for five seconds.
Imagine the anger leaking out your toes as you relax or imagine it drains away through the feet and walk away from it.
Engage in physical activity like jogging.

Reflect on a conflict, define it, and think of alternative ways to resolve it.

Move to a mediation area.

Select a neutral area.
The mediator may sit at one end of a table and disputants sit across from one another.
Put paper and a pencil on the table for each person.

Mediation Process Suggestions

Introduce your self and confirm the names of the disputants.
Introduce the purpose of the mediation process. Explain that you will not take sides or attempt to decide who is right or wrong.
Confirm if they are committed to succeed.
Go over the rules and elicit a promise to abide.

Rules for Mediating

Agree to solve the problem.
Use only the person's chosen name.
One person talks at a time.
Agree to abide by the agreement.
Everything that is said is confidential except for information on drugs, weapons, and alcohol
Ask for questions
Gather Information
Find the facts.
Analyze what everyone says to see if agreement is possible.
Enforce the rules (no interruptions, insults, or shouting).
Be patient.
Respect both students.
Ask all parties their wants
Ask how the other's actions interfere with their wants.
Ask how they felt.
Ask for three ways to resolve the conflict and reestablish a good relationship.
Ask for three ideas to try if it happens again.
Ask each if they have anything to say to the other party.
Assist Negotiations if disputants need help.

Summarize what happened and what they want.

Summarize how they feel.
Ask for their confirmation of your summary.
Ask them for reasons for their wants and feelings.
Ask for their understanding of the other's perspective, wants, feelings and rationale.
Ask for other optional agreements that maximize joint outcomes.

Try to have them select one option and reach an agreement.

The following ideas might help to recognize a need for agreement:.

Review or identify their common interests and the importance of maintaining a constructive long-term relationship.
Discuss how the future of the relationship is more important than any short-term advantage from winning.
Suggest the need for each other to reach an agreement.
Suggest that if the relationship is damaged, they will have future difficulties that will be worse than not getting what we want today.
Describe common interests to bring parties together and describe opposing interests as a mutual problem to be solved.

Other Hints

Encourage ownership of their feelings.
Use "I" messages.
Name the feeling or use sensory descriptions.
Avoid pressure to take sides.
Reduce emotional charges and language. Rather than saying "She is angry because you stole her purse," say, "She is angry because you had her purse." Rather than saying, "The two of you were yelling at each other about the $15," the mediator can say, "You talk to each other in loud ways when the topic of money comes up."
Paraphrase.
Restate the facts and summarize the events.
Reflect feelings.
Remain neutral.
Refuse to give advice or suggestions.
Avoid bringing up feelings and problems from you own experience.
Look for the positive.
Explore the multiple meanings of any one behavior.
"Think of situations in which that same behavior would be positive."
Increase motivation by highlighting the gains for resolution and the costs for no resolution.

Try for a particular agreement.

If disputants are not able to agree on what happened have them agree that they are in crisis.

See if they agree on how they will relate in the future. Future-oriented agreements will not force anyone to admit wrongdoing.
Try for a package deal and trade offs.
See if they will agree to a principle. I.e. students may not agree on whether one should replace a lost book but they may agree to the principle that it is wrong to solve problems by fighting.
Compromises are unstable because neither disputant gets all of what he or she wants and the relationship is not fully repaired.
Understanding is like peeling an onion. One layer reveals another layer underneath.
Equalizing power. It is hard for a low-power person to negotiate with a high-power person and vice versa. Help the less articulate person state his or her wants, feelings, and reasons to equalize power.

Teaching Students to be Peacemakers Program

Once students learn how to negotiate and mediate, the teacher may want to implement the Teaching Students to be Peacemakers Program. Each day, the teacher selects two class members to serve as official mediators by randomly assigning pairs. When all students have enough experience they may mediate individually. Mediators wear official T-shirts, hats, or armbands. Refresher lessons are conducted twice a week.

Teachers should weave conflict resolution procedures and skills into the fabric of school life. Examples include: follow-up lessons on improving communication skills, ways to control anger, appropriate assertiveness, problem solving skills, perspective-taking, creative thinking, intra personal, and interpersonal skills. Integration into subjects like social studies and literature by analyzing the people or characters, their actions or inactions, and world events or plot of the story with respect to conflict resolution.

Conflict management training should be repeated yearly for 12 years, with an increasing level of complexity and sophistication.

Adapted from David W. Johnson and Roger T. Johnson (1995) Reducing School Violence Through Conflict Resolution ASCD

References for Conflict Resolution Programs

Evidence of success for Out of School Programs
Teaching Students to be Peacemakers. Johnson and Johnson 1970-1994.
Children's Creative Response to Conflict (CCRC) Priscilla Prutzman.
Resolving Conflict Creatively by Educators for Social Responsibility (ESR)
Community Boards of San Francisco Conflict Managers Program . Ray Shonholtz response to Jimmy Carter's call for Neighborhood Justice Centers.

"Zero Tolerance" Trouble in New York - June 7, 2010 - Newsweek

WHEN CONGRESS passed a national school-violence policy in 1994, many states followed with even stricter measures. But those laws, it now seems, are based on a faulty premise: that courts are the best place for disciplining children.

The failure of this idea is clear in New York, where zero-tolerance policies have lead to arrests for gun possession on school grounds, but also for relatively minor offenses like shoving. Even nonviolent incidents—doodling, throwing food, back-talking—have landed kids in court, where last year New York sent more than 1 4OO minors (average age: less than l6) to correctional facilities.

According to a series of recent reports—by the Justice Department and the state Office of Children and Family Services—the institutions don't help. Nearly nine of 10 occupants commit additional crimes. It's a "school-to-prison pipeline," says Judith S. Kaye, the state's former chief judge.

She hopes the negative publicity will provide a push toward alternative modes of justice (like youth courts, where peers hear the cases of peers), more civics classes (where kids learn the virtues of sociability), and level headed adjudication—where detention doesn't always involve a cell. — T.D.

Violence Programs Summary

Violence programs have two major elements:.

Reactive violence prevention and
Proactive violence prevention

Violence Prevention Programs Only
Eliminate weapons	Encourage students to abstain from violence
Suppress violent behavior	Identify causes of violence
Train faculty and staff to intervene	Adopt a threat-management policy
Target students who commit violent acts	Provide debriefing sessions for students traumatized by violent incidents
Discredit violence	Increase self-esteem
Have a weapons hot line	Teach students how to manage anger

Comprehensive Violence Prevention Program
Meet nurturing needs
Create a cooperative environment
Encourage positive and lasting relationships
Limit out-of school time
Provide long-term conflict resolution/peer mediation training to all students
Form partnerships with parents and community
Include components from violence prevention only programs

Source David W. Johnson and Roger T. Johnson (1995 ) Reducing School Violence Through Conflict Resolution ASCD

Dr. Robert Sweetland's notes homeofbob.com & thehob.net

Examples of Problem Solving Mediation

Problem solving mediation sessions provide businesses with avenues for resolving workplace conflicts quickly and effectively. Mediation services involve at least one objective professional helping two or more employees talk through their issues and come up with solutions that everyone is happy with. If you are considering adding mediation services to your business, review common examples of problem solving strategies below.

Free Consultation for Workplace Conflict

Honest Discussions With All Parties

Mediation experts often start the conflict resolution process by sitting down with the involved parties individually. They allow the employees to speak openly and honestly about their issue(s) to determine the root of the problem, and do not pass judgment or “take sides.” Instead, the mediation professional simply sits and listens to each party, though they might record the conversation or take notes for reference purposes. Being able to discuss their problem without fear or interruption, judgment, or harsh criticism helps resolve the conflict efficiently. There’s little risk of team members being dishonest or otherwise not forthright, because they are speaking to someone who has nothing to do with the business. Discussing issues with their managers or the Human Resources department does not always offer these advantages.

Joint Meetings

Problem solving mediation often includes joint meetings with the involved parties, which typically occurs after one-on-one sessions about the issue(s). Once both parties have felt the chance to be heard, they don’t feel as defensive and are usually more willing to discuss the problem openly in a group setting. The mediator goes over the ground rules for the session, such as no interrupting or use of harsh language, before allowing each party to speak. They encourage empathy, or looking at the situation from the other person’s perspective, as part of the resolution process. Being able to consider an issue from another perspective can be enough to resolve the problem, because the parties realize that the other individual was not coming from a hurtful or malicious place. They might realize the issue was simply a misunderstanding or the result of poor communication, and decide to “get over it” and move forward in a positive way.

Negotiating

Negotiation is a common part of the mediation process . It gives the employees the opportunity to discuss what they feel will help them move beyond the problem, such as agreeing to answer emails in timely manners or refrain from making politically-charged jokes that others find distasteful or offensive. Brainstorming is typical during the negotiating process, as the parties might have a variety of ideas on how to resolve the problem for good.

Once several resolution-themed ideas are “on the table,” the mediator focuses on compromising. For example, say an employee has an issue with how another team member speaks to them. They might feel the person’s tone is condescending, harsh, or rude, even though the individual does not mean to cause offense. The second team member might not realize their tone is hurtful until they hear themselves on a tape recording. As a result, they agree to be mindful of their tone around the first employee, while said employee vows not to take their team member’s tone so personally. Both subsequently compromise and contribute to a more harmonious, happy work environment. Everyone else on the team will appreciate this compromise, as the related tension will lower, if not disappear.

Wrapping Up

Scheduling conflict resolution sessions with a professional mediator is something you will never regret. It allows team members to air grievances in a judgment-free environment and come up with resolutions that please everyone. Productivity often increases from professional mediation services, because team members are focused on their work instead of interpersonal squabbles. Your office or other work environment will also gain a reputation as a wonderful place to work.

For more about problem solving mediation, contact Pollack Peacebuilding Systems today !

Kent McGroarty

Kent McGroarty has worked as a freelance lifestyle writer/copywriter for 14 years, with content appearing in a variety of online magazines and websites, including SF Gate Home and Garden, AZ Central Healthy Living, Local.com, EDGE Publications, and Blue Ridge Outdoors Magazine, among others. She has a B.A. in English from Saint Joseph's University in Philadelphia, PA, and won Honorable Mention in the 89th and 90th Annual Writer's Digest Writing Competition for the children's book category. She focuses on topics such as health, psychology, leadership, and conflict management.

More From Forbes

Strategic mediation: five pillars for achieving effective settlements.

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Stephen Nalley is the Founder & CEO of Black Briar Advisors .

Mediation is a process where a neutral third party—the mediator—assists disputing parties in reaching a mutually satisfactory agreement. It is an essential tool in conflict resolution, particularly in legal and business contexts, as it often saves time, reduces costs and maintains relationships compared to litigation.

As the founder and CEO of Black Briar Advisors, I've been involved in over 100 lawsuits that were successfully resolved through mediation. Here are the five keys to achieving a successful mediated settlement agreement, based on my experience:

1. Preparation And Understanding

In complex business disputes, thorough preparation and a clear understanding of the mediation process allows both parties to focus on key issues and facilitate a swift resolution. Both parties must come armed with all relevant information and documents. This involves a deep understanding of the facts, the legal issues and the interests at stake.

Parties should set clear, realistic goals for what they hope to achieve through mediation. Unrealistic expectations can derail the process, so make sure to align goals with what is practically achievable.

Additionally, getting familiar with the mediation process can help participants feel more comfortable and engaged. Researching the mediator's role, the stages of mediation and the principles of confidentiality and neutrality can make the process smoother and more effective.

2. Effective Communication

Effective communication during mediation involves active listening, open and honest communication and solid emotional management. Parties should express their needs, concerns and interests transparently, fostering an environment of trust and cooperation. Active listening involves fully concentrating, understanding and responding to what is being said—this helps to build trust.

Mediation can be emotionally charged, so it is essential for participants to manage their emotions , remain calm and focus on resolving the issues at hand. The mediator will help with guiding the conversation and maintaining a productive atmosphere.

3. Focusing On Interests, Not Positions

Instead of focusing solely on their positions, I recommend parties explore the underlying interests and needs driving their positions. This shift can open up new possibilities for creative solutions.

The goal of mediation is to find solutions that benefit both parties. By focusing on interests, parties can work together to generate options that meet their needs and resolve the conflict in a mutually satisfactory way, creating win-win solutions. For example, when I was working on a contractual dispute, identifying underlying interests allowed both parties to agree on terms that provided long-term benefits for both, rather than focusing on initial demands.

Remember that successful mediation requires flexibility and a willingness to compromise. Parties should be open to considering different perspectives and alternative solutions.

4. Mediator’s Role And Techniques

The mediator’s primary role is to facilitate the discussion neutrally and unbiasedly. They help ensure that both parties have an equal opportunity to speak and be heard, guiding the process toward a constructive outcome.

Mediators use various techniques and tools to help parties reach a settlement. These may include caucusing (meeting with each party separately), reality testing (challenging parties to consider the feasibility of their proposals) and brainstorming sessions to generate creative solutions. For example, I found that using private caucuses and neutral facilitation was helpful for both parties in a family business to navigate sensitive issues and reach an agreement.

Confidentiality is fundamental for successful mediation. Parties must feel confident that their discussions will not be disclosed outside the mediation room, allowing for more open and honest communication.

5. Drafting The Settlement Agreement

The mediated settlement agreement should be written in clear, precise language, outlining the terms in detail. This reduces the risk of misunderstandings or future disputes over the terms.

While the mediator helps draft the agreement, it is advisable for each party to have the final document reviewed by their legal counsel. This helps ensure that the agreement is legally sound and that all parties fully understand their rights and obligations.

The agreement should include an implementation plan that specifies how and when the terms will be carried out. This may include timelines, responsibilities and any necessary follow-up actions to ensure compliance. Once signed, the mediated settlement agreement is typically binding on both parties. It is important to understand the implications of this and to be committed to honoring the terms of the agreement.

Achieving a mediated settlement agreement requires thorough preparation, effective communication, a focus on interests, skilled mediation, and a clear, detailed agreement. These pillars help ensure that the process is fair, the outcome is mutually satisfactory, and the agreement is sustainable. Mediation not only resolves the immediate conflict but can also pave the way for better relationships and cooperation in the future. By embracing these principles, parties can navigate conflicts more effectively and achieve lasting resolutions.

The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.

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The Definition of Mediation as a Problem Solving Process
Mediation as problem-solving requires three things: (1) a willingness on the part of all the relevant stakeholders to work together to resolve the problem or deal with the situation; (2) the availability of a trusted "neutral" with sufficient knowledge and skill to manage difficult conversations; and. (3) an agreement on procedural ground ...
Mediation: The Six Stages
Anyone can suggest solving a problem through mediation. Neighbor-to-neighbor disputes or other personal issues can be resolved quickly without initiating a lawsuit. Examples of cases often resolved through mediation include the following: ... The multi-stage mediation process follows a tried-and-true formula designed to get results. Although ...
The Mediation Process and Dispute Resolution
As compared with other forms of dispute resolution, the mediation process can have an informal, improvisational feel. The mediation process can include some or all of the following six steps: 1. Planning. Before the mediation process begins, the mediator helps the parties decide where they should meet and who should be present. Each side might have lawyers, co-workers, and/or family members on ...
How to effectively problem-solve in mediation- The Top Down approach
Having said this, effective problem solving is both a linear and non-linear (lateral) exercise so, although I set out my 7 stages below, the process of problem solving in mediation might involve moving backwards and forwards between these stages, depending on which stages require more work, at any particular stage of the process.
PDF Introduction to Mediation
D. Identifying the Stages and Skills in a Mediation 11.8 E. Applying Key Principles and Skills of Mediation to Everyday Conflicts 11.12 F. A Broader Perspective on Mediation 11.12 ... In a sense, it is facilitated collaborative problem-solving." Dr Gregory Tillett, Resolving Conflict (Sydney: Sydney University Press, 1991) p33-34.
Summary of "The Mediation Process: Practical Strategies for Resolving
In crafting a mediation strategy the mediator must decide on the level, target and focus of intervention. The mediator decides whether to concentrate on the level of general problem-solving, or on a specific issue. She decides who she should be directing her activities toward.
The Six Stages of Mediation and How They Promote Problem-Solving
Although this may vary depending on the nature of the dispute, there are generally six stages of mediation: Convening — The mediator gets the parties to agree to mediation by pointing out its advantages. The mediator explains the nature of the process, the rules concerning confidentiality and the mediator's neutrality and the need for ...
Problem-Solving Mediation
Problem-solving or "settlement-oriented" mediation is by far the dominant approach in the field today. Its name implies precisely what it is -- a process focused on solving a problem by obtaining a settlement. In the view of a problem-solving mediator, "when conflict exists, a problem exists, and a problem exists because of a real or apparent ...
PDF The Mediation Metamodel: Understanding Practice
ideology. Harmony mediation as deﬁned by Bush and Folger ﬁnds no counterpart in any of the models of Riskin and Boulle described earlier. Other commentators distinguish between problem-solving and thera-peutic mediation (Breidenbach, 1995; Merry, 1987). Although differences emerge in the literature regarding the deﬁnition of problem ...
PDF the mediation process
13 Generating Options and Problem Solving 387 14 Evaluating and RefiningOptions for Understandings and ... mediation in the commercial, interpersonal, and public disputes arenas, ... how mediation fits into the larger field of dispute resolution and negotiation and presents a comprehensive, stage-by-stage sequence of activities that can be used ...
Resolving Workplace Conflict Through Mediation
3. Explore the Issues Together. Once both sides have had time to reflect, arrange a joint meeting. Open the session on a positive note, by thanking them for being open to resolving the conflict. Remind them of the ground rules, summarize the situation, and then set out the main areas of agreement and disagreement.
The Five Stages Of Mediation
This approach is based on the idea that mediation sessions are generally broken down into five distinct segments or "Stages," and that within each stage there is a "Task," the objective--what the mediator is trying to accomplish; an "Action," how the mediator is going to accomplish the objective; and a "Result," the outcome which the mediator expects to achieve.
The Six Stages of Mediation
The mediation process consists of six stages: consultation, the sit-down, the opening, communication, problem-solving, and closing/continuation. If you're thinking about using mediation, it's a good idea to get a basic outline of mediation and this is what you can expect. The Six-Step Mediation Process 1. Consultation
13: Generating Options and Problem Solving
13 Generating Options and Problem Solving. so far, parties have described for each other and the mediator the background of their dispute, identified most if not all issues to be discussed, developed a mutually acceptable agenda, and (through joint education and questioning) begun to clarify some of the needs and interests to be satisfied. Now, the central task of the negotiators and the ...
(PDF) Problem-Solving or Narrative Approach to Mediation?
Mediation is a one of the well-known forms of alternative dispute resolution and is commonly used for solving conflicts in social work. Following introduction, where the mediation is put in social ...
Questions in Mediation
Presenters provide lists of questions, with exercises that demonstrate their application to various aspects or stages of mediation. I will follow this method, to some degree. ... While constructive problem-solving is central to the mediation process, and while concrete outcomes are a principal objective of mediation, there is a danger that ...
Understanding the Mediation Process: Steps and Procedures Explained
The mediation process consists of several sequential stages, each intended to foster effective communication, comprehension, and negotiation among the parties involved. These steps encompass: 1. Preparation. The first stage of the mediation process is preparation. In this phase, the mediator gathers pertinent information regarding the dispute.
Law Library
How Mediation Works: The Process in 10 Stages. 31 March 2023. The growth of mediation in a wide range of settings continues apace. While its advantages are generally well advertised, insights into the mediation process works can serve as an important element in its promotion. Mergi Hernandez examines the key stages.
Five Stages of Mediation in Every Case
Stage 3: Private Discussions. Once the two parties have met together, they should then each meet privately with the mediator. Both sides should get their own space at this point, and you'll want to move between rooms to discuss the positions of each side. Ask the necessary questions at this point, but also summarize both the strengths and the ...
What Makes a Good Mediator? Key Qualities and Skills Explained
Mediation process and stages: Familiarity with the stages of mediation, such as preparation, opening statements, problem identification, ... In mediation, a collaborative problem-solving approach is most effective. This process involves exploring each party's interests, needs, and concerns, generating potential solutions, and evaluating them ...
Conflict Resolution, problem solving, and mediation
Problem solving - mediation; Teachers should weave conflict resolution procedures and skills into the fabric of school life. Examples include: follow-up lessons on improving communication skills, ways to control anger, appropriate assertiveness, problem solving skills, perspective-taking, creative thinking, intrapersonal, and interpersonal skills.
Examples of Problem Solving Mediation
Problem solving mediation often includes joint meetings with the involved parties, which typically occurs after one-on-one sessions about the issue(s). Once both parties have felt the chance to be heard, they don't feel as defensive and are usually more willing to discuss the problem openly in a group setting. The mediator goes over the ...
Strategic Mediation: Five Pillars For Achieving Effective ...
Researching the mediator's role, the stages of mediation and the principles of confidentiality and neutrality can make the process smoother and more effective. 2. Effective Communication.
Different Stages of Mediation
Mediation is the process of settling the dispute between the disputing parties with the assistance of a impartial third party i.e. mediator. For this, there is a chain/stages of mediation process which has to be followed by the mediator for the settlement. STAGES OF MEDIATION. There are four functional stages of mediation process :-

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Table of Contents

Benefits of Mediation

1. Preparation

2. Opening Session

3. Joint Session

4. Private Sessions (Caucus)

5. Negotiation and Problem-Solving

6. Agreement and Closure

How Mediation Works: The Process in 10 Stages

The Pre-Mediation Phase

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Preparation for the Mediation

Agreement to Mediate

The Mediation Process

Mediation Skills

Information Gathering Stage

Exploration Stage

Breaking a Deadlock: Bargaining & Settlement

Towards a Settlement Agreement

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What Makes a Good Mediator? Key Qualities and Skills Explained