At IAMP we use a co-mediator, interest-based mediation model.  The mediators are rigorously trained to maintain neutrality, and to be impartial facilitators of settlement agreements.  They will not judge the facts in a case or advocate for either side of  the dispute.  They will maintain the confidentiality of the session and help you develop options. The session will generally follow the format outlined below:

 

 

OPENING STATEMENT BY MEDIATORS 
The mediators introduce themselves, outline the format of the mediation process and explain the rules and roles to the participants.  You will be asked to confirm that you are willing to negotiate in good faith and that you intend to conduct the session with common courtesy.

 

 

OPENING STATEMENT BY PARTICIPANTS 
Each side makes an opening statement.  This opening statement will be an uninterrupted time to explain the situation as seen from your perspective.  After each side finishes, the mediators will reflect back the statement and ask clarifying questions.  Your statement should include as clear a picture as possible about the circumstances that led up to the mediation, both the facts as you see them, and how you feel about the situation.

 

 

AGENDA BUILDING 
Together, all participants list the issues that need to be resolved in order to reach settlement.  These issues can be of concern to one or both parties.  As much as possible, the interests behind each of the issues should be listed as well.

 

 

NEGOTIATIONS 
In this step you will be exploring interests and developing options that satisfy all or part of the interests of all the parties to the dispute.  You will be thinking of ways to craft a workable, mutually satisfactory solution to each issue or interest listed on your agenda.

 

 

CAUCUS 
From time to time during the negotiations phase of the mediation, the mediators or the participants may decide that it would be beneficial for the parties to meet with the mediators separately.  Discussions held in caucus are doubly confidential, that is, the mediators will not share those discussions with the other side unless specifically asked to do so.

 

 

WRITING THE SETTLEMENT AGREEMENT
Once you have reached agreement on all or some of the issues begin mediated, you and the other participants will draft a written settlement agreement (a mediator will act as your scribe).  It's important to remember that this settlement must be satisfactory to both sides.  The language of the points of agreement will be the participants' and you'll need to pay particular attention to making it specific, so that your intentions will be clear to those reviewing it, and clear to each of you a year from now.

 

 

PARTICIPANTS SIGN AGREEMENT 
After all changes have been made and agreed upon, you and the other participants will sign the final draft, which means that you are satisfied with the agreement and are willing to abide by its provisions.  After all parties have signed, the agreement is considered to be final and is enforceable in a court of law.

 

 

ASSESSING WHETHER THE MEDIATION PROCESS WORKED FOR YOU
Whether or not you reach settlement in your mediation, we want to know how the process worked for you and any suggestions you have for improving the system.  Your mediators will give you a survey form to complete at the end of the session to evaluate how mediation and the mediators worked for you.  Your comments will be greatly appreciated and will help us do a better job for all concerned.