Center for Alternatives in Community Justice

Opening Statement: Clients are welcomed by the mediator(s), the mediation process, including confidentiality, is discussed, and forms are signed.

Uninterrupted Time: Each party is given an opportunity to briefly discuss  their view of the situation and to discuss what they hope to accomplish in mediation. Each party should listen carefully without interruption.

The Exchange: Interests and issues are defined, mediator(s) gather necessary information and ask clarifying questions, and parties give additional input as needed.

Separate Meetings: Private meetings with each party may be held throughout mediation as needed, requested by the mediator or by one or both parties.

Setting the Agenda: Issues are listed and organized, and decisions are made about what to discuss first.

Building the Agreement: Each issue is discussed, solutions are brainstormed, with everyone eliciting and evaluating options and testing for agreement. Common ground is sought.

Writing the Agreement: Points of agreement are reviewed, a final copy is written clearly stating each person’s responsibilities, and all parties sign and receive a copy. Sometimes parties are able to reach agreement on some but not all issues.

Closing Statement: Parties are acknowledged for accomplishments and payment
arrangements are made. Any next steps are discussed, such as review of the agreement by attorneys, withdrawal of complaints, etc.

Want to learn more?
Contact us!