What are some of the best practices for preparing and conducting a mediation session?

1 Choose a suitable mediator

The mediator is the key person who facilitates the communication, clarifies the issues, and helps the parties find a mutually acceptable solution. Therefore, it is important to choose a mediator who has the appropriate skills, experience, and style for the case. The mediator should be impartial, respectful, trustworthy, and knowledgeable about the subject matter and the cultural context of the parties. The mediator should also be able to adapt to different situations and personalities, and use various techniques and strategies to overcome impasses and challenges.

2 Prepare the parties and the documents

Before the mediation session, the mediator should contact the parties and explain the mediation process, the roles and responsibilities, and the expectations and goals. The mediator should also gather relevant information and documents from the parties, such as contracts, statements, evidence, or proposals. The mediator should review these documents and identify the main interests, needs, and concerns of each party, as well as the areas of agreement and disagreement. The mediator should also prepare an agenda, a confidentiality agreement, and a mediation agreement for the session.

4 Facilitate the communication and the negotiation

The mediator should start the session by introducing himself or herself and the parties, and explaining the purpose, the process, and the rules of the mediation. The mediator should then invite each party to share their perspective, feelings, and expectations about the dispute, and acknowledge and summarize their points. The mediator should then help the parties identify and prioritize their interests, needs, and concerns, and explore possible options and alternatives for resolving them. The mediator should also encourage the parties to ask questions, clarify misunderstandings, exchange information, and generate creative solutions.

5 Assist the parties in reaching an agreement

The mediator should monitor the progress of the negotiation and assist the parties in moving towards an agreement. The mediator should highlight the common ground, the benefits, and the consequences of the possible outcomes, and test the feasibility and acceptability of the solutions. The mediator should also address any obstacles, objections, or emotions that may arise, and use appropriate techniques to overcome them, such as reframing, brainstorming, reality-checking, or caucusing. The mediator should also help the parties draft and finalize a written agreement that reflects their consensus and commitments.

6 Follow up and evaluate the mediation

The mediator should conclude the session by congratulating the parties on their achievement, thanking them for their participation, and reminding them of their obligations and responsibilities under the agreement. The mediator should also provide them with a copy of the agreement and any other relevant documents or resources. The mediator should also follow up with the parties after a certain period of time to check on their satisfaction, compliance, and relationship. The mediator should also evaluate his or her own performance and seek feedback from the parties and other sources to improve his or her skills and practice.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?