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Saturday, October 1, 2011

LEVELS 3 & 4: MEDIATION - The Process Examined

Even after the parties to a conflict are educated regarding the benefits of mediation, they may still be reticent to participate because they are not familiar with how the process works. Below is a brief outline of what disputants can expect if they were to choose mediation:
  • Mediator’s Introductory Statement:
The first step in the process wherein: introductions are made; the mediator summarizes the how mediation works; and ground rules for the process are agreed upon.
  • Parties Opening Statements:
Next, each party to the dispute gets an opportunity to state their view of the issues involved in the conflict and their personal concerns.
  •  Open Exchange:
There is then a period of open exchange among the parties wherein they get an opportunity to directly confront each other within the safety of the mediation room.
  •  Issues Clarification/Agenda Setting:
The mediator then summarizes and presents the primary issues that are at the root of the the conflict (The mediator usually discerns these from attentively listening to the parties during opening statements and open exchange. 
  •  Option Generation:
After confirming whether or not the mediator is correct in his/her assessment of the issues causing the conflict, all the parties then work together to generate as many options as possible that may resolve the dispute in a satisfactory manner to all involved. This is sometimes referred to as "brainstorming".
  •  Negotiation and Settlement:
From the ideas generated during brainstorming, the parties then negotiate with each other to choose the ones that may work best for all of them in the reality of their workplace.
  • Agreement of Understanding:
Finally, the parties and the mediator, may or may not choose to draft and sign a written document outlining everything that was agreed upon during mediation. 


Now this is the basic outline of what one may expect during any mediation. As you can see, it is an informal process that gives each person an opportunity to express themselves.  This is not a conflict resolution option to be feared: on the contrary, when compared to other legal proceedings where someone else decides the outcome, mediation is self-empowering. This is because it gives the participants the chance to take control of the outcome and craft a solution that will meet their individual needs.




~Wishing you all a happy workplace!