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Mediation is an informal process, conducted in a neutral and private setting with a professionally trained mediator. The goal of mediation is to let people speak for themselves and work together to find a lasting solution to their conflict, under the guidance of a skilled facilitator.
The mediators will:
- Listen as you explain the issues of the conflict, and keep others from interrupting;
- Ask questions to help you and the other person clarify and understand the issues;
- Guide you through a process to develop solutions;
- Maintain a safe and respectful atmosphere;
- If desired, assist you in preparing a written agreement that works for everyone involved.
The mediator will not takes sides, assess blame, or tell you what to do. The mediator will not force you to settle. The decision to settle is solely up to the choice of the parties.
Mediation is voluntary. Either participant can end the mediation process at any time; no one can be forced to agree to anything.
If a settlement is reached, the parties have the option to decide whether to put their agreement in writing, and whether the agreement will be confidential or enforceable in court. If a written agreement is produced, every participant will receive a copy.
The stages of mediation
Mediation usually has five stages. These stages are:
- opening statements and exchanging information;
- identifying and prioritizing the issues to be discussed;
- exchanging, evaluating, and discussing proposed solutions;
- writing an agreement or deciding not to resolve the conflict; and
- closing the case.
Here is what you can expect at each stage:
Stage 1 - Opening Statements
The mediators make opening statements that describe the mediation process, confidentiality, and mediation guidelines.
You will be asked to sign a confidentiality acknowledgment, which explains the California state law protecting the confidential content of the mediation session.
Click here to download the SCMC mediation confidentiality acknowledgment (PDF).
When it is your turn to make your initial opening remarks, give a brief statement about the problems that brought you to mediation.
Stage 2 - Identification of Issues
Be ready to state the issues that you want to work on in mediation. Prioritize these issues from most important to least important to you. Gather and bring to mediation any printed information you think might be useful in helping others understand your perspective or to persuade the other side.
Stage 3 - Exchange, Evaluate, and Discuss Proposals
Think through several solutions that you will want to propose to the other party. It’s helpful to do this thinking prior to the mediation so you can make the best use of the limited time of the mediation. This is especially true if there is research you need to do beforehand on the costs of various resolution options.
Stage 4 - Decision
Can you make an agreement? Is it in your best interest when you compare it to your other options? If your answer is “Yes” by both parties, the mediators will help write up the agreement in a manner that is easy to understand. If the answer is “No,” then the mediation ends without an agreement. Your next steps can be to do nothing and hope the dispute goes away, continue negotiating without the help of a mediator, or move on to some other options.
Stage 5 - Close
Once the parties have mediated and made a decision (with or without reaching an agreement), the case is closed. The case manager will send you a letter informing you that the case is closed.
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