It
is helpful for understanding the typical problem-solving mediation
process to think of it in phases, one after the other. Here is
one way to think of it:
Phase
One: Introductions and Rules. The mediator tells the parties the
mediator's preferred rules for how the session will proceed. If
a written mediation agreement is used, it may be signed during
this phase. Many mediators ask the parties to suggest rules for
the mediation session in this first phase, too.
Phase
Two: Issue Identification. The mediator invites the parties to
identify their goals or issues. Sometimes mediators write the
issues on a marker board for everyone to see throughout the session.
Mediators may just have each person state his version of the dispute,
with the mediator interpreting from these opening statements what
the issues are. Some mediators use the second phase to educate
the parties about other issues not clearly described in the parties'
statements but which seem, at least to the mediator, to relate
closely to those already described.
Phase
Three: Issue Processing. The mediator and the parties discuss
each issue, one at a time, usually with the mediator controlling
the flow of information and focusing the parties on how to solve
the problem for the future with concrete action plans. Controversial
issues may be postponed in favor of less controversial ones, in
an effort to keep the parties focused on solving the problems
underlying the issues. The art of mediation is most evident in
this phase, where various techniques are used to keep the parties
moving forward, including for example, reality testing, summarizing
of progress, restating positions expressed, and holding private
meetings with each party separately to come up with workable proposals.
Phase
Four: Closing the Session. If all issues have
been settled, the mediator summarizes his or her understanding
of what the parties have agreed to. In many cases, the mediator
agrees to write a memorandum of understanding (MOU) to capture
such a summary for further use by the parties. The time needed
to prepare the MOU is normally part of the time charged by the
mediator. If all issues have not been settled, those that have
been are summarized and the others are discussed in the context
of future action for resolving them. Typically this phase also
includes payment for mediation services, if payment has not
already been made CONTINUED
