The following is a summary of what happens during mediation in my practice here in Maryland.
INTRODUCTIONS
In the beginning, there will be introductions.
HOUSEKEEPING
The mediator will review the mediation process and make sure all people (also known as "parties") necessary to the decision is present. Additionally, reviewed is the mediator's fee, that it is due at the conclusion of the session, and the parties, unless they otherwise agree, will split the fee.
GROUND RULES
The mediator will review the ground rules and ask the parties to sign a form called "Agreement To Mediate."
The mediator will ask each party to explain the reason s/he has come to mediation and what each party wants to achieve at mediation.
SUMMARIZATION and CLARIFICATION
The mediator will summarize what is said by the parties, and what is understood from the statement of each party. The mediator will ask for clarification of anything said that is not clear.
ISSUE IDENTIFICATION
After listening to each party the mediator will review and/or identify with the parties the issues which are relevant to the dispute.
OPTION GENERATION/BRAINSTORMING
The mediator will assist the parties with brainstorming and help develop a list of options or alternatives. This is a time for each party to be creative. Even though the other party may not agree, a list of possibilities for negotiation will be created.
NEGOTIATION
The mediator will help the parties to consider the possibilities and/or problems associated with each option.
When an agreement is reached, the mediator will assist the parties craft language which accurately states the terms of the Agreement. The mediator will assist the parties to ensure the Agreement is practical and workable and the parties will be able to live with the agreed terms.
CLOSING
The mediator will make closing remarks and ask each party to do the same.
