How Does Mediation Work?

Mediation Facilitates Resolution

by Rebecca L. Zimmerman, Esq

06/26/2017

The formal definition of Mediation, as outlined by the guidelines of the Georgia Office of Dispute Resolution (GODR), is:

“Mediation is a process in which a neutral facilitates settlement discussions between parties. The neutral has no authority to make a decision or impose a settlement upon the parties. The neutral attempts to focus the attention of the parties on their respective needs and interests, rather than on their rights and positions. Although in court programs the parties may be ordered to attend a Mediation session, any settlement is entirely voluntary. In the absence of settlement the parties lose none of their rights to a jury trial.”

More simply stated, the objective of Mediation is to facilitate the conversations among individuals who find themselves in a disagreement or conflict over a specific decision or decisions to aid the individuals in creating an action plan that works for each person.

So, how does Mediation work? The Georgia Office of Dispute Resolution (GODR) prescribes a six step process for Mediation. While these steps can be and often are modified, the essence of the six steps is to create an environment where all voices can be heard.

The interested parties gather together. Each person has a chance to explain why he or she is in the Mediation and what that individual would like to see happen. Once everyone has had an uninterrupted opportunity to explain his or her point of view, there is an open and free-flowing discussion to see where there are points of agreement or disagreement. At some juncture, the Mediator normally requests a private session with each person; because, as we all know, the argument is never about what it appears to be on the surface.

During these private and confidential sessions, each person is encouraged to think about and discuss their personal needs. Once that happens, the Mediator and the individual can start developing a variety of options. After meeting with each person separately, the parties come back together to develop jointly the greatest number of choices that will satisfy everyone’s needs. Assuming some agreements have been reached, those agreements will be documented in writing, which each party signs.

When locked in a disagreement with another person, it is easy to believe that if that other person would just listen to ME, we could resolve this problem so easily. Having a skilled Mediator – with or without attorneys – can help bridge that communication gap.

For a free 30 minute consultation to learn if Mediation is an appropriate resource to help you resolve a conflict, contact Keystone Conflict Solutions LLC (404) 314-7228 or [email protected]