How does the mediation process work?

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The process of mediation takes place in six steps:

  • Preliminary remarks.
  • Advancement of the problem by both parties to the conflict.
  • Collection of information.
  • Statement of the final problem.
  • Discussion of negotiation options.
  • Achieving agreements between the parties to the conflict.

We will analyze each of them in order.

Preliminary remarks

At this stage, the mediator will give both participants of the process a word. He will say the opening speech and inform the parties of the rules of the negotiations.

The mediator will show its neutrality and will set both participants to a constructive dialogue. The deadlines for the proceedings will be established.

Advancement of the problem by both parties of the conflict

The mediator will enable each participant to tell his version of the conflict. Interrupt the narrator is prohibited.

The speech will show the emotional state of a person and how he relates to the problem.

Gathering of information

At this stage, the lawyer will communicate with the parties to the conflict. He will learn their emotions and manner of speech. The main task is to make sure that both participants are comfortable and they feel safe in this dialogue.

Statement of the final problem

The lawyer will examine what each side to the conflict wants to achieve after the mediation process. He will ask the parties to say what they will settle first.

Discussion of negotiation options / Achieving agreements between the parties to the conflict

The most popular way to reach an agreement is brainstorming. The specialist will identify the problem and propose ways to solve it. The parties of the conflict will join the discussion and begin to express their thoughts on the solution of the problem.

If the agreement is not reached, the lawyer will meet with each of the participants personally. He will discuss the exciting issues and on the basis of this will help to reach acceptable agreements.

Participants in the conflict can propose a solution to the problem themselves. Their proposal may radically differ from the one announced at the beginning, but no one will oppose it. The process of mediation is necessary for that so that the parties decide the issue on their own.

The mediation process is not complicated. If you are looking for a mediator in New York City, then our directionary will help you.

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