Stage One Preparing for the Mediation

This stage includes any initial contact information, gathering of data about the nature and specifics of the conflict, preparing documents and case file for the first session, as well as preparing the physical space for the session.

Stage Two Opening Statements/Sharing of Perspectives

This begins with the mediator opening the session, introducing the process, educating the parties about caucuses, confidentiality, and details about contact between sessions. This is often followed by the mediator allowing the parties to each share their perspectives of the dispute. This can be done in either a private caucus or in a joint session. Some mediators feel a private caucus allows greater freedom of expression for the parties, while others believe a joint session puts everything on the table right at the beginning.

Stage Three Issue Identification

In this stage, the mediator helps the parties identify the issues of the dispute. There are many ways to facilitate this identification process which are discussed in greater detail in Week Three. This is the time for careful gathering of data surrounding the specific issues and verification of this data. For instance, if there is an asset dispute the mediator must have verification of the assets and perhaps valuation from an accountant or other financial advisor. If there is a visitation issue, the mediator may need the initial court ruling, reports from social services or other monitoring agencies, or interviews with other family members.

Stage Four Developing an Agenda

Once the issues have all been supported with data and verified, the mediator can begin to help the parties create an agenda that prioritizes the issues for discussion. One strategy would be to begin with the toughest issue; another would be to choose randomly. Some mediators prefer to begin with a less significant issue so the parties experience a success right off the bat. However, there is no guarantee that what appears to be a small issue will be easily resolved!

Stage Five Joint Problem Solving

Once the agenda has been set and agreed upon, the mediator can begin to help the clients identify joint problems. In this way, the collaborative process begins by framing disparate issues into joint problems presented for resolution. At this point, the mediator can help the parties generate options and then evaluate these options until an agreed upon solution is found.

Stage Six Final Bargaining

This stage marks the final negotiations before the terms of the resolution are drafted into the final contract. Like the labor negotiator, who often helps the parties reach a last minute solution, many mediators find one or more issues that remain difficult up until the final moments. This is where the mediator must maintain a neutral stance while he continues to press for joint solutions. Often, mediators rely heavily on caucuses at this point and must work diligently to help the parties move toward a mutual compromise.

Stage Seven Drafting the MOU

In mediation, the final contract is referred to as a Memorandum, a Memorandum of Understanding, or simply an MOU. This agreement carefully and concisely sets forth the negotiated solutions to the dispute. It is important that the mediator take the parties through each page and confirm agreement before getting the parties to sign off. This affords a better guarantee that there will not be misunderstandings later that threaten compliance to the MOU. It is advisable for beginning mediators to have their first few MOUs reviewed by a more seasoned mediator to ensure accuracy and compliance.