What is the process used in mediation?
While the circumstances of each case are different, usually mediations begin with each party making an opening statement followed by a dialogue, facilitated by the mediator, about the relevant issues. The mediator helps establish the agenda of issues. The parties are encouraged to discover options that will satisfy their interests and needs. Sometimes, the meetings with the mediator are held jointly; sometimes, meetings are held only with one or more (but usually not all) parties. This process usually leads the parties to construct an agreement. Finally, when appropriate, the mediator assists the parties in putting the agreement or settlement in writing.