Steps in Mediation.

Mediator's Opening Statement: During the opening statement, the mediator introduces himself or herself and explains the goals of mediation.

Opening Statements of Plaintiff and Defendant: Both parties are given the opportunity

to speak, without interruption. During this opening statement, both parties are afforded

the opportunity to describe the nature of the dispute and their desired solution.

Joint Discussion: The mediator will try to get the two disagreeing parties to speak to one

another fand will guide the discussion toward a mutually amicable solution. This part of the mediation process usually identifies which issues need to be resolved and explores ways to address the issues.

Private Caucus: During this stage, each party has the ability to meet and speak privately with the mediator. Typically, the mediator will use this time to learn more about what is most important to each party and to brainstorm ways to find a resolution. The mediator may ask the parties to try to put aside their emotional responses and resentments to work toward an agreement.

Joint Negotiation: After the private caucuses, the parties are joined again in the same room, and the mediator presents any newly discovered insight to guide them toward an agreement.

Closure: During this final stage, an agreement is reached, or it is determined that the parties cannot agree. Either way, the mediator will review the positions of each party and ask them if they would like to meet again or explore escalating options, such as moving the dispute to court.

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