Pre-mediation: Before the actual mediation takes place, there is a period of preparation and/or convening. During this stage, the mediator contacts the parties involved or their representing counsel(s) to determine if this particular case is something the mediator can assist with, or if there is some reason to refer the parties to a different mediator.

Initial Communication: During this meeting, the designated mediator explains the mediation process to all involved parties. This is to ensure that everyone understands exactly what mediation is, the timelines for the process, any and all ground rules and how the process will assist in resolving the dispute. A confidentiality agreement is signed and the mediator’s contract is also agreed upon and signed (unless the contract has been completed prior to the meeting).

Narratives and Exchange: Each party will be given an opportunity to tell their side of the story without interruption. This may be done by the parties themselves or by their respective counsel. The goal of this step in the mediation process is to allow the involved factions to give their account of the particulars of the conflict in their own words, as well as to allow the mediator to get a feel for each point of view.

Caucuses (if needed): In some mediation cases there is a need for separate meetings to take place between the individual parties and the mediator. These meetings are confidential and any events taking place in the caucus are only shared if permission is granted by the party involved.

Agenda Setting: In this step, it is determined the specific issue(s) that need to be resolved. It is simply, a statement of the problem/conflict to be mediated.

Building an Agreement: This is when the terms of a tangible agreement to the dispute are worked out. The details of the agreement, including “who, how, when, etc”, are discussed and agreed upon by all parties.

Writing the Agreement: The mediator writes up the provisions of the agreement and it is then delivered to the parties or attorneys.

Closing: Mediation is over at this stage, however, the mediator will follow up with each party and/or their counsel at two weeks after the close of the mediation and again at six weeks. This is to make sure the conflict has been resolved to the satisfaction of both parties and to ensure a smooth transition into any future relations that may occur between parties.