How Does Mediation Work?

men talkingPurpose:
Mediation is a problem solving process. The people who are directly involved work with a neutral third party to identify and discuss the issues, build new levels of understanding of each other’s point of view and create what they consider to be the most constructive and fairest solutions.

Roles:
Carolyn’s responsibility is to create a safe environment in which people can discuss their concerns and develop their own solutions. She will not be a “judge” and impose decisions on any issues other than process. She is obligated to work on behalf of each person equally. Carolyn will use techniques to help participants think creatively, test ideas against reality and weigh options.

The people who are directly involved in the situation are encouraged to approach the process from a discovery and problem solving point of view. Each person participate better understand the other person’s concerns and work to incorporate new information into potential new solutions. Participants are the decision makers in the mediation process and have control over whether they agree to the options proposed.

Voluntary Participation:
Everyone involved has volunteered to participate in the process. Any person may withdraw from or suspend her participation at any time, for any reason. The others, however, may agree to continue after that person leaves.

Confidentiality:
Carolyn will not share the details of the information discussed during the session with anyone who did not participate in it. Wis. Stat. 904.085. protects the confidentiality of the mediation process since it prohibits mediators from being required to share any information about the mediation discussion. The group will decide which pieces of information if any may be shared with others who are outside of the process.

smiling menIndividual Discussions –  Caucuses:
Sometimes talking privately helps the process. Any person may ask for “caucus” sessions during which time they may talk with Carolyn alone. When a caucus is called, Carolyn will talk with each person before continuing with a group meeting.

Ground rules:

  • Listen to the other person
  • Jot a note to yourself about a point you would like to make instead of interrupting
  • Be respectful of others