This really a great question to ask yourself before agreeing to mediation. High Plains Mediation has put together a brief set of expectations you can consider from your mediator.
A mediation session typically begins with an introduction to the mediation process and a discussion of what each party hopes to achieve by attending mediation. During this stage, the mediator will set out clear boundaries on expectations and discuss the mediation process in detail.
Once both parties understand the mediation process, they will then work together to address their issues. The mediator will help facilitate constructive conversations between the parties to discuss their underlying interests and needs. They will also help identify areas of agreement and disagreement, as well as provide impartial advice to ensure that all perspectives are heard and addressed.
The mediation sessions can be divided into smaller meetings, called 'break-out sessions', where each party meets individually with the mediator so that they can openly express how they feel about any particular issue. This helps ensure that no one’s voice is silenced or overlooked during mediation. The mediation sessions may also involve joint meetings where both parties come together with their representatives and discuss issues, brainstorm solutions, and negotiate agreements in a safe environment.
Throughout the mediation process, it is important for all parties involved to remain respectful of one another—without attacking each other or engaging in hostile behaviour—and focused on finding a resolution that is mutually beneficial for everyone involved. It is also essential for all participants to remain open-minded when discussing possible solutions so that creative options can be explored without judgement or criticism.
At the end of every mediation session, a decision should be made regarding which solution would best meet everyone's needs while respecting each individual's autonomy and dignity. If all participants agree on a resolution, it should be written down in detail by either the mediator or an attorney who specializes in mediation cases before being signed off by all those involved.
A client should expect an experienced professional mediator who listens carefully, helps them understand their own interests more clearly, provides impartial advice, encourages collaboration between parties with different interests or objectives, promotes constructive communication between participants, and helps them reach a resolution quickly and effectively through mediation sessions.
Here some references to consider on the topic:
- United States Court of Appeals - 4th Circuit - "Preparing for Mediation"
- United States Department of Commerce - Office of Civil Rights - "What Happens in a Mediation Session?"
