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For individuals who have never been
through the mediation process it can be confusing. It is
important to understand that a mediator is not a judge and does not
impose a resolution on the parties, or determine what should or should
not be the terms of any agreement reached. Any decisions or
terms of agreement are the responsibility of the parties to the
dispute. The role of the Mediator is to facilitate discussion
between the parties who are in disagreement and help them to generate
workable options as part of their good faith efforts to resolve the
dispute.
Mediators recognize that each mediation session, its issues and
emotions, are unique to the parties involved, while acknowledging that
the process provides a common thread.
Below is an outline of what you can expect from the process when
deciding to contact Kedleston Conflict Management to help you resolve
your dispute:
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A. |
One of the parties to the dispute
contacts us to request mediation services. |
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B. |
Ms.
Unger, or the scheduling coordinator, will gather the relevant
information from you and the necessary contact information for the
other party/parties to the dispute. We shall need to confirm
that the other party/parties are willing to take part in
mediation. At that time we shall gather any relevant
information from them.
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C. |
Following scheduling of a mutually
convenient date and time for the mediation session, each party or
his/her designee, will receive a packet that provides information
about the mediation including confirmation of date, time and
location. Additionally, the packet will include a blank
Agreement To Mediate which all parties will be required to sign
prior to the beginning of the mediation. This includes a
statement that all parties agree that any information exchanged in
the mediation is to be held in confidence and that all parties
agree not to subpoena (compel) the mediator to attend any judicial
proceedings (civil or administrative) that might occur following
the mediation.
To view a copy of the Agreement to Mediate please click
HERE. |
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D. |
On the day of the mediation, the Mediator will welcome parties to
the table and answer any outstanding questions regarding the
process. Following the signing of The Agreement To Mediate,
each party will have the opportunity to make an opening statement
detailing his/her understanding of the issues surrounding their
disagreement and their suggested options for resolution.
Following those statements, the mediator will summarize for
clarification and, if desired by the parties, there will be a
period of joint discussion. |
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E. |
It is usual for the mediator, at some point, to meet separately
with the parties - these private meetings (sometimes referred to
as a 'caucus'), may occur by request of a party or parties and/or
the mediator to assist in further confidential information
gathering or generation of options in efforts to resolve the
dispute. These private meetings are confidential to the
mediator and the parties included unless the mediator is given
permission, by those parties, to share any or all of the contents
of the discussion. The number and length of caucuses differs
from mediation to mediation and is situation specific. |
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F. |
Throughout the process, areas of
agreement and non agreement will be examined and discussed and the
judgment of the mediator and parties will dictate whether or not
agreement has been reached on any or all issues. Regardless
of the outcome, it will be formalized in a document to be signed
by all parties to the dispute. All parties will receive
copies of each signed document.
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