1. The Mediation Process

2. Major Components of a Mediation Session
Preparation (by Mediators)
Opening Statement
Uninterrupted Time
The Exchange Note: Caucuses can occur
Setting the Agenda any time
Building the Agreement
Writing the Agreement
Closing Statement

3. Preparation
Arrange the room – this is very important, so do it thoughtfully
Review case information/learn names
Review facilities, including place for caucuses
Co-mediators discuss case and divide up tasks

4. Opening Statement Keep it simple and clear and include:
Welcome/encouragement
Purpose of mediation/mediator’s role
Logistics: Get forms signed, explain timeframe, breaks, etc.
A clear explanation of confidentiality
An overview of the mediation process
The possible use of caucusing
An opportunity for questions
A verbal commitment by each party to proceed

5. Uninterrupted Time Set a serious, respectful tone
Explain briefly the role of the listener(s) and the speaker during this phase of the mediation
Select the first speaker
Protect each person’s speaking time
Get the parties to address the mediator(s) rather than the other parties
Don’t ask questions yet
Formally end each speaker’s time
Summarize, including key issues raised (optional)

6. The Exchange
Start this phase by asking a question to one of the parties
Stay in control, but allow a free exchange
Be sure everyone participates
Allow emotions to surface, but don’t push for them
Ask good questions that focus on key issues
Take notes as interests and issues are revealed
Don’t rush to the “solution phase”

7. Tips for Managing the Exchange
Restate/summarize as needed to help the parties clarify their interests and goals
If things start to get out of hand, ask the parties to prepare lists of questions they want answered and then focus the discussion around answering them
Caucus (if necessary)
Try to keep everyone focused on their mutual interests in working things out
Be on the lookout for moments of understanding and signs that reconciliation may be possible

8. Transitioning to Agenda Setting
When the exchange slows down or you start to see signs that resolution is possible, begin to make the transition
Summarize the key interests, concerns, and issues that have been raised and look for signs that the parties are comfortable with your summarization
Decide whether or not a break would benefit the parties or disrupt valuable momentum
If you do take a break, use the time to work with your co-mediator to compare notes and prepare for the next phase