PROCESS
A mediation is a facilitated conversation. The mediator creates a process and the participants determine the outcome. The mediator will guide the participants through the series of steps outlined on this page. The steps, however, will always be customized for the individual participants and the issues to be covered.
1
Getting Started
Participants review and sign the Mediation Agreement. Retainer payment (if applicable) is paid. The participants send any information to be reviewed to the mediator. Individual (or small group) intake appointments are scheduled.
2
Intake Appointments
Each person (or small group) meets individually with the mediator. This is a time for the mediator to learn your concerns and identify which issues to address in mediation. The mediator provides information about the mediation process and answers questions. The mediator may suggest steps to take before the first joint session.
3
Gathering Information
If applicable, the mediator will review information provided by the participants. If applicable, the participants may gather some information to prepare for the joint session.
4
Joint Sessions
The participants and mediator will meet together as many times as necessary. The mediator, with input from the participants, will create the best format in person or via Zoom. The role of the mediator is to facilitate the conversation by de-escalating conflict and capturing agreements. At any point, the participants may need to gather more information or revise the agenda.
5
Discussion of Options
In the joint sessions, the participants will discuss different options for each issue on the agenda. The mediator will help focus the conversation to de-escalate tension and emphasize possible agreements. The mediator will ask questions and guide the conversations to cover large topics and small details. The mediator may help "reality test" different options.
6
Agreement
When the participants reach agreement on one or more issues, the mediator drafts a written Memorandum of Understanding ("MOU") memorializing the agreement(s). The MOU is not a contract or a court order.