C. Mediation Model

Various authors and trainers have outlined the various stages or concepts of the mediation process. These may range from three, four or five-stages to one with ten or more stages. The majority of models set forth similar basic concepts and recognizes the inherent fluidity of the process. For example, a three step very basic mediation model would include: (1) an opening and explanation of the process; (2) bargaining and negotiation between the parties with mediator facilitation; and (3) closure. However much more would be happening during the process itself.

For educational purposes, the process can be separated into nine distinct stages, all of which should be present in nearly every mediation. In addition, four more components of the process are considered optional. While these four optional stages are generally considered important to the mediation process, they frequently occur as part of another stage. Of course, resolution may also be reached at anytime without all of these steps. Employment of these optional stages will depend upon the parties, the nature of the matter, and the mediator’s style. The basic model is as follows:

Preliminary Arrangements

A. Selection of the mediator by the parties or their counsel which

Includes disclosure by the mediator candidates of any and all

Possible conflicts of interest with the parties, their counsel or

Other interested parties to the conflict. This might require

The parties to exchange names of mediator candidates and the

Fee schedules and resumes of the candidates under

Consideration;

B. Communication with the parties or party representatives via

Letter or email to arrange the date, time and location of the

Mediation and the disputed issues which will be covered by the

Mediation process;

Important considerations during this stage of the process:

Selection of a neutral location for the mediation;

Brief description of the issues presented to the mediator

In writing;

Decisions made regarding mediator fee arrangements;

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Length of time needed for the mediation;

Language of the mediation and whether or not interpreters

Are necessary;

2. Mediator’s Introduction

a. Mediator’s explanation of the ground rules that will apply to the

process including:

Time allotted to the process;

Agenda for the process;

3. parties’ authority to settle;

Parties acknowledge that they agree to mediate in good

Faith;

Housekeeping items such as where the restrooms and water

Is located and when breaks will take place;

Parties should not interrupt each other so everyone has an

Opportunity to talk;

7. explain the role of the mediator and the mediator’s

Qualifications;

Explain that the mediation process is confidential;

Explain what the caucus session is and its importance;

Explain that the process should be calm and parties

Should treat each other with respect and be civil;

This entire segment of the process is a time for the mediator

To build trust with the parties and their counsel and

Demonstrate impartiality.

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