Who Keeps Things Under Control?
After the initial airing of rules and views, the mediation enters a problemsolving phase. During this phase, often called the "Caucus Phase," the mediator holds one or a series of private meetings, or caucuses, with each party. At this point, the mediator literally conducts "shuttle diplomacy" he or she shuttles between or among the parties, probing each side's position, asking questions, assessing the merits of each argument, narrowing the issues by identifying what is important versus what is expendable, and exploring alternative solutions. The mediator may request additional documents from participants to fully understand the case from each side's perspective. At the same times he or she works to defuse any hostility, in part by reframing the issues in obective language. A major advantage of mediation is that the process allows the parties to "vent" and engage in a sort of catharsis by having their "day in court." This therapeutic interaction often helps move parties to settlement.
Other Mediation FAQs
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Q:
What Is Mediation?
A: Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process by … More -
Q:
How Do We Get To Mediation?
A: The mediation process is usually voluntary the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. … More -
Q:
How Much Time Is Required To Schedule A Mediation?
A: Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define … More -
Q:
Who Starts First In Mediation?
A: There is no set format for the actual mediation process. However, as a general rule, all mediations involve a series of joint and separate meetings. The first step is … More -
Q:
What Happens When An Agreement Is Made In Mediation?
A: Once the case is settled in a way that is agreeable to all sides, the mediator and/or parties will draft a document outlining the terms of the agreement and … More -
Q:
Is Mediation Voluntary?
A: Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is … More -
Q:
Do I Need An Attorney For Mediation? Who Else Should Attend?
A: Parties must carefully consider who should attend the mediation. It is particularly important that people with decisionmaking authority be present. A written … More
Alternative Dispute Resolution Sub-categories
| Arbitration |
