What is the mediation process?
The process for mediation will depend upon whether it is voluntary or involuntary. The voluntary mediation process is far less rigid than that of mandatory mediation. Involuntary or mandatory mediation is somewhat of a formal process. The mediator may employ any number of techniques to help the parties arrive at a negotiated settlement. Mandatory mediation procedure may be subject to a law or court order.
What are the procedures for carrying out mediation?
The mediator may employ any number of techniques to help the parties arrive at a negotiated settlement.
As mentioned above, mandatory mediation procedure may be subject to law or court order.
The most common format for carrying out voluntary or mandatory mediation of a legal dispute with or between businesses is as follows:
What is the Delivery of Evidence in a Mediation?
Each party provides the mediator with all of the facts and evidence surrounding the dispute. The mediator will set a date for the mediation.
What is the Introductions in a Mediation?
At the mediation, the mediator will introduce everyone, give an overview of the mediation process, and summarize the dispute at hand.
What are the Initial Statements in an Mediation?
The mediator will often allow the parties to give an initial statement directed to the mediator and the other party. This serves a couple of purposes. First, it appeases the parties to allow them to voice their opinion on the matter. Second, it allows the parties to state a summary of their belief and facts in a persuasive manner.
What are Private Sessions in a Mediation?
Following the initial statements, the mediator will generally break the parties out into private sessions or caucuses.
This means that the parties are placed in separate rooms, while the mediator moves back and forth between the rooms to negotiate the position of each party.
These private sessions are optional at the mediators discretion, though, they prove to be very effective in getting the parties to exchange dialogue or enter into negotiations.
They tend to break down the competitive spirit that is present when the parties are together.
The mediator is in the position to play devils advocate and help each party understand the logic and legality of the other party’s argument.
Importantly, the mediator explains the likely results at trial if the parties proceed to litigation.
This can be the strongest tool of the mediator in opening the parties up to negotiation.
What is the Formalization of a Settlement or Negotiated Agreement in a Mediation?
If the mediator is successful, she will assist the parties in negotiating a resolution to the dispute.
Once a consensus is reached, counsel for one party is then directed to draft a legal contract memorializing the terms of the settlement.
The parties sign the contract to settle the dispute.
They are legally obligated act in accordance with the terms of the contract.
Involuntary mediation may follow the same or similar steps, but the process is more closely dictated by court procedure, statute, or regulation.
