
What to expect in
facilitative mediation
Facilitative mediation follows a set process and may be delivered online or in person. Throughout each stage the mediator will draw on a range of dispute resolution skills to support and facilitate discussions and to assist the parties to reach an agreement.
Step 1: Intake
The intake stage is when each party (individually) meets with the mediator and works through a series of set questions to understand the reason/s for the mediation from their perspective. This provides the opportunity for each party to get to know the mediator and for an assessment to be made as to whether the matter is suitable for mediation. It generally takes place a week or so before the mediation is scheduled to take place. An agreement to mediate form is provided to each party for signing.
Upon commencement of the mediation each party presents their opening statements. This is a summary of why they are here, from their perspective. Generally, this takes between three to five minutes. This process is uninterrupted and the other party is encouraged to write down any points they may want to comment on as this opportunity occurs through the next step of joint discussions.
Step 2:
Opening Statements
Step 3:
Joint Discussions
This is the stage of the process through which each the parties speak to each other and discuss/explore the matters raised. It is normal for some conflict to be expressed in this stage and it is through these discussions that a deeper understanding of each party’s perspective comes to be understood. This leads to the identification of a number of options which are noted on the whiteboard (either physical or virtual). This is not the time for negotiation. The focus is on exploration and option generation.
At this stage the mediation is adjourned to allow time for each party to have a one-on-one confidential discussion with the mediator. The mediator will not reveal any aspect of these discussions when the mediation resumes. The discussions centre around how the party feels the mediation is going, whether there is anything else they haven’t yet felt comfortable revealing and discussions around whether they want to make an offer. If so then the discussions will proceed to support their preparation of making an offer.
Step 4:
Private Discussions
Step 5:
Negotiation & Settlement
The mediation resumes and each party has the opportunity to make an offer and to negotiate an agreement/settlement. If the parties have been able to reach an agreement then a settlement document will be drafted by the mediator and signed by each party. At this stage it is an honorary agreement, and the parties may decide to take the agreement to their solicitors to develop a legal settlement agreement.