Most mediation includes the consideration of these steps, in an order that makes sense in your situation:
Setting the Framework, Committing to Process, Temporary Arrangements
- Review and understand the spectrum of process options.
- Consider and commit to the core principles of mediation and share your goals and interests with one another and the mediator.
- Discuss the concept of a mediation team and choose additional professionals to work with you if and as needed, and choose the mediation format (types of mediation) that will work best for you
- Temporary arrangements and/or time-sensitive issues are discussed as soon as necessary and new arrangements established.
- Gather information to assist you, your partner and your mediator in developing a creative and appropriate settlement. This includes the financial “Disclosure” required by law.
- All relevant information and documentation is voluntarily and promptly shared. The factual, legal and emotional background is developed so that the issues can be identified.
Brainstorming and Option Development
- Options are brainstormed for each issue.
- Options are compared against the both parties’ interests and prioritized.
Negotiating and Choosing Solutions
- Settlement ideas are created, discussed and organized into settlement proposals, or “packages”.
- Settlement packages are modified and refined to create resolution.
Memorializing and Implementing Your Agreement
- Written documentation of the agreement and required court forms are prepared signed and submitted to the court.
- The mediation process is debriefed and an implementation plan is developed and carried out.
Follow Up, if Needed
- Follow-up with parties to determine if any future changes are needed.
- The mediator can be consulted again to negotiate, memorialize and implement the agreed upon changes.