WHAT IS THE MEDIATION PROCESS?
The mediation process has two parts:
- the individual interview 40 mins
- the mediation itself.
The individual interview is conducted in private with each party before the mediation. This is chance to get to know the mediator and to tell them what has led you to require mediation in your words. Here the mediator will explain what mediation is, their impartial role and the stages of the mediation itself.
Whatever you say to the mediator at this point is confidential.
The mediation itself takes places with both parties present and the mediator. The mediator introduces themselves to you and explains that mediation is both a voluntary and confidential service. They will also show you by law their registration to practice as a mediator. They will then ask you both to sign an agreement to participate in mediation which also covers confidentiality. This would have been explained to you at the preliminary meeting.
The mediator will then run through quickly some house keeping rules so as to explain where the toilets are, do people need a cigarette break, if a time out is needed what will happen.
The mediator will then ask you both to who would like to say their side of the story first.
The mediator listens and hears the person out and when the person is finished they will summarises the situation back to the person and ask have they understood correctly what they believe has happened to them. They then ask them how it made them feel in terms of emotions like: anger, afraid, depressed or something else and repeats that back to the person.
They repeat the same process with the other person involved.
No interruptions are allowed whilst either party is talking.
At this stage the mediator will try and frame the issues that are causing the conflict and these maybe:
communication, respect, safety, time keeping, etc;
Following on from this the mediator will guide both parties to offer potential solutions to this process.
These solutions can contribute to the next phase which is a written agreement.
The final stage and success stage is when the mediation reaches the point of agreement. Since Jan 2018 this has to be now in written form by law. You can have a copy of this agreement which you will sign and will be witness by the mediator.
The agreement stage is the one that both parties need to aim for. Once the agreement is signed the mediation is successfully complete.
Both parties need to actively engage with the mediation process. If a mediation breaks down and becomes unsuccessful because a party does not fully participate for litigation to follow a judge can call and ask a mediator did both parties actively participate. If the mediator states under oath that one of the parties did not actively participate then they will be liable for costs. So its good sense to participate fully in the mediation process.
If you need a qualified and registered mediator contact email@example.com for more info.