A process is a series of steps that change a situation from one condition to another condition.

  • Typical condition before mediation...

Anger, conflict unresolved, uncertainty, shattered or threatened relationships.

  • Typical condition after mediation...

Relief, conflict resolved, a mutual understanding and contract, good (at least better) relationships.


Steps or stages of the Mediation process:

1. Convening - Arranging and bringing the parties to the table

2. Opening - Providing a "Blueprint" by setting the tone and framework...
... for the process - by the mediator
... for the case - by the parties’ counsel (or the parties themselves if appropriate)

3. Communicating - Coming to a mutual understanding of the issues, interests, and possible solutions

4. Negotiating - Exploring solutions and combinations, give-and-take, approaching resolution

5. Closing - Bridging final differences, securing the agreement, setting the stage for the future


As client advocate, check to ensure the mediation process meets client needs in these areas:

    • Scope of Issues to be Addressed
    • Pre-Mediation Submissions
    • Pre-Mediation ex parte Contacts
    • Discovery
    • Participants at the Sessions
    • Session Location and Logistics
    • Special Groundrules
    • Formal Opening Statements
    • Formal Case Evaluation by the Mediator
    • Payment Arrangements


copyright 2001, first mediation corporation