Mediator Tips
The Mediation Process: An Overview

I. Introduction: The mediators set the stage.

• Greeting, seating and familiarity with facility (be gracious).
• Mediators explain the process (set them at ease).
• Explanation of our impartial role (sets the tone for openness).
• Review, then sign the Agreement to Mediate Form.
• Help parties develop the Ground Rules and ask for their commitment.

II. Storytelling: A time for people to be heard and share perceptions.

• Summarize each person's story by reflecting back the general content themes and associated feelings.
• Clarify by asking open-ended questions regarding unclear issues that appear to be important.
• Listen to each person's views and feelings about the situation. Actively listen to their story
• Reframe or restate the issues and concerns by focusing on their needs and interests.
• Identify Issues and begin Bridge Building: Assist parties in owning the problem.
• Join the parties by giving a synopsis of their shared interests.
• Identify and explore all the issues.
• Use a flip chart to help everyone stay on track, one issue at a time (if applicable).

III. Generating Options: To engage the parties in a creative and collaborative discussion about remedies for resolution.

• Brainstorm for possible options for resolution.
• Use flip charts to illustrate possible options.
• Encourage and reward collaboration.
• Listen actively by giving appropriate eye contact and posture.
• Clarifying/Reality Testing: A time for parties to gain a better understanding of their options.
• Ask “what if” questions as you help the parties examine the viability of options. Be creative.
• Compliment them on their progress when an issue reaches closure.
• Through open-ended questioning, flush out more details for parties’ options.

IV. Resolution - Agreement: The “final touch” - this affirms and clarifies their personal effort during mediation.

• Mediator is a “scrivener” for the parties and any resolution.
• Confirm consensus on the option selected for each issue.
• Coach them in drafting their agreement - use their words when possible.
• Include specific details that address who, what, when, and where.
• Use simple and clear statements that everyone can understand once they have left the mediation session.
• Balance is important -- everyone can do something to resolve the conflict.

V. Closure: A time to acknowledge the parties for their hard work and reconfirm their agreement.

• Go over the written resolution point by point with the parties and make any changes.
• Reconfirm that the parties can have an attorney review the resolution as it will become a legal document when signed or the parties can waive that opportunity and sign.
• A written agreement is only confidential when it is stated within the text of the agreement.
• Have parties fill out client evaluation form.
• If ready, have the parties sign an original written resolution for themselves and have 2 originals signed for the DSC.
• Invite final comments.
• Handshake.