Mediation is a process wherein a trained mediator meets with the individuals involved in a conflict or dispute.
A mediator is a neutral, third party who facilitates a mediation/meeting whereby the parties can respectfully discuss their conflict, objectives, goals, and feelings.
Opening statement is to introduce mediation to the parties and sets the ground rules for the mediation. 1) Introduction
This is a time for the mediator to introduce themselves and the ground rules set for mediation.
It is still important that the mediator explain a little about themselves and who they are. (It seems that the first 30 seconds to one minute is when the relationship and trust is established between the mediator …show more content…
A caucus is a private meeting held between the mediator and one of the parties.
Either party can call a caucus. The mediator can also call a caucus.
It is one of the most influential and helpful tools during mediation if used appropriate time and manner.
A caucus is a chance for one party to express feelings, concerns and solutions that the might not otherwise be willing to express in front of the co-party.
A caucus is also a time for parties to release frustration and anger.
A mediator should remain neutral during the caucus. However, the mediator can also show empathy and understanding.
If a caucus is held with one party, a separate caucus should be held for the other party.
During the caucus, the mediator should ask the party if they would prefer to hold the information confidential.
7) Termination
The mediator should explain to the parties that either party may terminate the process at any time.
The problem with explaining that the parties can terminate is that it leaves an "easy-out" for the parties. This can be resolved by the mediator expressing that the parties must participate in good …show more content…
The mediator is required to by law to report these activities to the appropriate authorities.
If a mediator has reason to believe that an individual is potentially harmful to themselves, in a suicidal or violent manner, or the person is harmful to others, the mediator should evaluate and consider speaking with authorities if the mediator believes it is necessary to protect individuals.
9) Fees
The mediator should disclose his or her fee to the parties before the mediation begins.
The mediator should disclose the fee during the opening statement and make sure that the parties agree to the amount.
The mediator should ask the parties whether they plan to split the fee evenly or if one party will be paying for the full amount.
The fees and who will be paying the fees should be explicitly set out the beginning so there is no misunderstanding.
10) Independent Advice
The mediator should inform the parties that they have the right to seek an attorney and independent advice regarding the matter at