Mediation: The Essential Guide to Settling Disputes

How to Mediate

Mediation is a complex process, but it can be broken down into a few basic steps:

1. Intake. The first step in mediation is intake. This is where the mediator meets with the parties to the dispute and gathers information about their case. The mediator will also explain the mediation process and answer any questions that the parties may have.
2. Opening statement. Once the intake is complete, the mediator will open the mediation by giving the parties an opportunity to make opening statements. This is a chance for the parties to tell their side of the story and explain what they are hoping to achieve from mediation.
3. Joint session. After the opening statements, the mediator will lead the parties into a joint session. This is a chance for the parties to discuss their issues and try to reach an agreement. The mediator will facilitate the discussion and help the parties to stay focused on their goals.
4. Caucus. If the parties are unable to reach an agreement in a joint session, the mediator may call a caucus. This is a private meeting between the mediator and one of the parties. The mediator can use this time to explore the party's interests and help them to develop a more realistic settlement proposal.
5. Settlement agreement. If the parties are able to reach an agreement, the mediator will help them to draft a settlement agreement. This agreement will be binding and enforceable, and it will spell out the terms of the settlement.