What Happens in Mediation?
- Prue Berry

- Jul 24, 2024
- 3 min read
Updated: Aug 16, 2024

Mediations can be held in person or virtually. Mediations are usually scheduled within 2-3 weeks of all parties agreeing to participate, at a time suitable for everyone. Mediations are held during business hours and can be over a half or a whole day.
Individual Meetings
The mediator will meet with the parties individually for an initial discussion before mediation takes place. This is called an "intake session". This usually takes about an hour and happens 5-7 days before the mediation.
Joint Session - Start of Mediation
The mediator will start the joint session with a brief introduction to explain the process and go over some ground rules, including confidentiality, the voluntary nature of the session and the importance of respectful communication.
Setting the Agenda
An agenda is formed by the mediator from the parties outlining their concerns and issues, and voicing what they would like to achieve in the mediation session. An agenda is important so the mediation has focus.
Negotiations
The mediator will then ask the parties to talk to each other directly, using the agenda items as a guide. The mediator will balance the discussion so the parties can get an understanding of what's important to the other party and then what the areas of agreement and conflict might be.
Private Session
There will be short breaks during the mediation session. This enables the mediator to meet with each party privately to discuss how things are going. These sessions are confidential and it gives the party an opportunity to raise matters with the mediator in a one on one space.
Negotiations
Parties are invited by the mediator to communicate further, with a view to proposing options for resolution or agreement.
Agreement
If an agreement is reached, the mediator may write down the points which can be signed by the parties. The agreement and document is not legally binding, but simply records the agreed outcomes. Sometimes parties choose to formalise agreements through their legal representatives after the mediation session.
In the world of conflict resolution, mediation has become a widely accepted and effective alternative to traditional legal proceedings. Rather than battling it out in court, disputing parties can come together with the help of a neutral mediator to find common ground and reach a mutually acceptable resolution. Fairway Mediation Solutions is a leading provider of professional mediation services, offering individuals practical and efficient ways to resolve their conflicts.
When it comes to effective dispute resolution techniques for mediation clients, there are several key strategies that can help parties navigate the mediation process successfully. One important technique is active listening, where each party truly listens to the other side's perspective without interruption. This can help foster understanding and empathy, paving the way for constructive communication and compromise.
Another crucial technique is to focus on interests rather than positions. Oftentimes, parties get stuck in their positions and fail to see the underlying interests driving their stance. By delving deeper into their interests and exploring creative solutions that meet those interests, parties can often find innovative ways to resolve their differences.
Maintaining a respectful and cooperative attitude throughout the mediation process is also vital. Emotions can run high during conflicts, but it is important for parties to stay focused on finding common ground and working towards a solution that benefits everyone involved. A skilled mediator can help parties navigate these emotions and keep the conversation productive and constructive.
Lastly, being open to compromise and flexibility is key to successful dispute resolution. Parties must be willing to give and take, make concessions, and explore various options to find a resolution that is satisfactory to all parties. This requires a willingness to let go of rigid positions and work together towards a mutually agreeable outcome.
In conclusion, effective dispute resolution techniques for mediation clients involve active listening, focusing on interests, maintaining a respectful attitude, and being open to compromise. By employing these strategies with the guidance of experienced and knowledgeable mediators, clients of Fairway Mediation Solutions can navigate their conflicts with confidence and reach resolutions that work for everyone involved.



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