How Does The Mediation Process Work?
When it comes to a formal mediation process, there are mainly 5 steps involved in it. Let us take a step by step look at these different steps of the mediation process.
1. Introductory Remarks: A mediator makes introductions after the participating parties are present. The mediation place is chosen keeping mind that none of the party feels any discomfort during the session. An opening statement is given by the mediator during this process. Through this statement, the rules for the process are conveyed. It is taken care that the mediation process should run without any issues through these rules. Every party is provided an opportunity to let the mediator know his or her views without any interruption.
2. Statement of problem: After the introductory remarks have been made, each party will let the mediator know about the issues freely. Also, the main purpose of this part is to make the mediator understand the best suitable way to resolve the issue. The mediator remains neutral throughout the process.
3. Information Gathering: To gather information about the dispute, the mediator will ask open-ended questions to every party. Also, the mediator will summarise the key ideas often before the parties often so that a trust is built between the mediator and the participants.
4. Problem Identification: As the mediator identifies the problems, he or she will decide about the main issues that are to be settled. Also, the mediator may identify such issues that cannot be settled that quickly.
5. Agreement: After the issues have been identified, there starts the process of negotiation in order to reach the final agreement. For enabling a justifiable agreement, the mediator will perform sessions with both the parties for exploring the best possible solutions. Also, the mediator can conduct separate confidential sessions with each party so that negotiations progress in a free manner. Furthermore, parties get encouragement during these private sessions to explore every option fearlessly. The mediator creates an agreement after both the parties have reached a common ground. This agreement after being voluntarily agreed upon by each party is then filed to a court so that it is legally binding. The negotiation process may involve multiple rounds where both the parties will also be present so that no new conflict comes to the surface.
Mediation is the most effective alternative dispute resolution process and carries numerous advantages in comparison to going for court proceedings.