Mediation is a voluntary process when the Parties to come together to discuss their differences, agreeing to listen to each other without interruption and willing to express their needs and interests.

Ground rules are set at the beginning of the process such as treat each other with respect; each Party is given time to talk; speak up for yourself (don’t agree to something you don’t want to); if something is not working for you, make sure the other Party understands your point of view, needs and interests; ask questions for clarity; no personal attacks or name calling;, no blaming; remain open to possibilities. The Mediator may need to bring the Parties back to these ground rules throughout the process as issues discussed in a session may be emotional and difficult to talk about. However, it is important to remember that having the opportunity to discuss complicated issues in mediation, unlike in a traditional litigation setting, leads to more satisfying and lasting resolutions.

After agreeing to the ground rules, the Parties are then asked to tell their stories directly to the Mediator without interruption from the other Parties. Each person is given time to talk and be heard. The Party not speaking may want to write notes down as they listen to the other Party – points they may want to bring up when it is their turn to speak. The Mediator listens without bias and validates the Parties’ concerns.

The Mediator will then summarize the issues discussed in an effort to clarify any points and make sure she/he has heard from the Parties what they have wanted to convey. If it’s possible, the Parties will then talk to each other directly and possible compromises and agreements are discussed with the assistance of the Mediator. When the Parties are ready, the Mediator can write up any agreements reached into a formal written agreement that can be legally-binding.

To begin the mediation process, download and return our  Mediation Agreement.