Mediation Process

The fundamental and over-riding principle of mediation is that the people involved take an active role in resolving their dispute. Unlike a judge, the mediator does not impose a particular solution, but rather facilitates the parties’ own communication and helps them create a mutually acceptable agreement.

Initial contact: When people are interested in my services, I begin with an initial phone call during which each person separately and briefly explains his or her perspective on the conflict. During the initial phone call I also explain the mediation process and fee arrangements. Then, if both people involved decide to proceed and it is determined that the matter is appropriate for mediation, we schedule the session. (Note that some mediations may require more than one session.) Prior to the session, I send each person an agreement to mediate, a fee agreement, and a letter which helps everyone prepare for mediation.

The mediation: In many cases the mediation begins with separate meetings with each person. In these meetings, I explore the background of the conflict, you discuss your own and the other person’s perspective, and focus on goals for the mediation. Once the two people come together, they often have questions for each other that lead to greater understanding of each other’s perspective. As the discussion proceeds, you and the other person will begin to work together as a team, exploring options for resolution that will meet both or your needs. If an agreement is reached, I will help you draft an agreement if you so choose.