1.Preparation and intake
Both parties conclude that mediation is an option to resolve their dispute. Together, they choose a mediator. The mediator is independent, impartial and does not pass judgment. A mediator is therefore not a judge where parties argue a case. Usually, the mediator receives both parties separately for an intake. The mediator does not discuss the dispute in detail at this stage. These initial intake talks will have to show that both parties are willing to commit to actually resolving the dispute.
2. The first meeting
During the first joint meeting, the mediator explains to the parties what mediation is and how the mediation process works. Central to this is the mediation agreement, which sets out the ground rules to which both parties must adhere. This agreement states, for example, that the mediation is voluntary and can be ended by either party at any time. It also contains agreements on confidentiality and secrecy, the nature of the conflict and the agreed hourly rate. Furthermore, the agreement states that both parties actively cooperate in finding a solution and that the mediator himself has no interest in the eventual resolution of the conflict. The mediation starts as soon as both parties have signed the agreement.
3. Taking stock
In the mediation talks, both parties have the opportunity to tell their side of the story. The mediator identifies the issues that need to be resolved. The factors that have hindered a solution so far are also discussed. What is underneath the conflict? After a few conversations, it is usually clear how both parties view the conflict, which issues are important for the future and what interests are at play on both sides.
4. Determine the solution
The mediator encourages the parties to see among themselves what solutions there are and what conditions are important for both parties. The mediator's role here is to help the parties negotiate and guide where necessary. Talks are occasionally suspended for separate consultations with the mediator or any legal advisers assisting (one of) the parties. In this way, progress can be made in resolving the conflict.
5. The finalisation phase
Once a solution has been found to the satisfaction of all parties, an action point list or also called a settlement agreement is drawn up. The aim is to clarify the agreements and the solution.
Not every mediation can be completed successfully. If the parties involved cannot come to an agreement, the mediation will be terminated by the mediator or by one of the parties. In many cases, this is followed by legal proceedings in court to still reach a settlement of the dispute.
