Mediation follows a number of structured steps. From initial contact to a possible agreement, each step contributes to a constructive resolution. Below you will find an overview of how mediation works in practice.
1. Taking the initiative
Mediation starts when one or more parties indicate that they want to resolve the conflict through mediation. This can be voluntary, recommended by a lawyer or other professional, or suggested by a judge.
2. Finding a mediator
For a smooth and legally correct mediation, it is important to choose an accredited mediator. An accredited mediator works according to a code of ethics and has the required expertise. The list of accredited mediators is available on the Federal Mediation Commission's website.
3. Getting acquainted
During the first meeting, the mediator outlines the procedure and reviews expectations and practical details, such as how long mediation will take and its cost. At this point, the parties can choose whether to start the mediation.
4. Drawing up a mediation protocol
If all parties agree, a mediation protocol is signed. This contains the agreements on confidentiality, the role of the mediator and how the mediation will proceed. It also sets the costs.
5. Discussing positions and interests
The mediator gives each party a chance to clarify his or her position and interests. The goal is to gain a clear understanding of the situation and establish the basis for constructive dialogue.
6. Finding resolutions
Under the mediator's supervision, the parties seek viable and mutually acceptable resolutions. Here, different scenarios are discussed, factoring in the interests of all parties involved.
7. Reaching an agreement or not
Agreement reached
If an agreement is reached, it will be recorded in writing.
Failure to reach an agreement
If no resolution is found, the parties can still pursue other avenues. They may opt for another form of alternative dispute resolution (ADR), court proceedings might be initiated or another, new mediation might be attempted at a later date. Mediation remains voluntary and either party can decide to stop the process at any time.
8. Having an agreement approved by a judge (optional)
The parties can choose to have their agreement approved by a judge. This gives it the same legal value as a judgement and makes it enforceable if one of the parties does not comply with the agreements.
Starting a mediation
Mediation provides a clear structure and gives parties space to find a lasting resolution together. Looking for an accredited mediator? Consult the list of accredited mediators on our website and get in touch today.
