The Mediation Process - How I Work

The same-day mediation service is based on a proven seven-stage  model. 

While every situation and client is unique, it’s possible to get a feel for the mediation process, so here (briefly) is how I approach my role.

I will meet each of you individually (in person or on Zoom), to listen and learn more about you and your situation, hopes, concerns and expectations.  

If as a result of our initial meeting we agree that a joint mediation session might be helpful, here is how the process works:

  • All parties will receive a copy of the Agreement to Mediate.  This commits us to engage with one another in good faith and includes undertakings from everyone to help the process run with minimal distractions. Please see FAQ for more information about this.
  • If the joint session is to be online all parties will have received an invitation to a Zoom Meeting at a mutually agreed time. This will include  a list of suggested measures to help maintain a safe supportive space with proper provision for “time out” again to minimise distractions and make it as easy as possible to engage online.

My concerns for the joint session will be to:

  • Welcome all parties and invite everyone to listen and take turns in sharing what matters to them most; speaking firstly to me, and hopefully then to each other. 
  • I commit to maintaining a safe supportive space in which all parties can do this important work together.
  • I may ask questions for practical purposes and to check that your meaning and intentions are being both heard and understood.
  • I will organise the information you provide and keep track of the needs concerns and values expressed by all parties.
  • All progress notes taken during the course of the mediation will be destroyed at the end of the process.

The Last Three Stages

Stage Five carries forward and seeks to integrate all recorded needs concerns values and into a prioritised joint agenda.

After jointly creating a shared agenda comes Stage Six, the drafting of a written agreement that everyone can commit to. 

To design and build such an agreement that will recognise needs and values which sometimes align and sometimes don’t is a challenge; but the prize is an agreement that all can accept.

I am here to support all parties in trusting the process. (See FAQ).

I can assist in seeing that it is realistic and sustainable (so far as it addresses the needs of all parties) and includes a “fall back” clause that addresses what to do if tensions should recur. 

Finally we will discuss how to implement and monitor the agreement  including the offer of a follow- up review after a period of six weeks.

The Same Day Mediation Process

 Mediation One - The Initial Meeting

We will meet separately first, usually on the morning of the mediation.  

Our individual meetings are confidential and last about 75 minutes.  

This gives me a chance to hear your own experience of the situation in a private, informal, neutral setting.     

I can help you consider what needs to happen and what each person needs from the others concerned.

After the initial meetings, if everyone agrees to go ahead, I will set up a joint meeting typically on the afternoon of the mediation day.      

 Where a such a meeting could be difficult for either party it may be possible to  continue mediation by “shuttling” between separate rooms unless and until there is a readiness to meet. 

Mediation Two - The Joint Meeting

The joint meeting gets  everyone together.  

It allows for a comprehensive airing of views.  

Those involved have a chance to speak directly to one another  

In  this  session  there may need to be clarification of the current feelings needs and expectations of both parties before exploring what it would take for relations to change for the better.

Sometimes in order to support the process  it may be necessary to pause the joint meeting and consult with  each  person “one to one.”   

I  will provide equal time for this  before resuming the  joint meeting.       

Duration

The joint meeting is expected  to last at least a couple of hours but in some circumstances may take longer.     

While we will aim to conclude matters on the  same  day,  if we run up against the clock., another session can be negotiated by agreement.    

Reaching a Mediation Agreement

I will  seek to support all parties in distilling the outcome of the shared exchanges into a non-binding and comprehensive joint action plan to improve relations to be developed together in good faith.      

Subject to all parties’ approval, a final draft  of the plan for the  way forward can be prepared and copied to both. 

Follow Up

After mediation, I  will follow up the situation after an agreed period by contacting each party confidentially.  

I will usually do this via email to check if the agreement is working and if any further input is needed.  

Peter Leanse  –  Now You’re Talking Mediation Service  –  Accredited Mediator  – Data Protection Policy

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