What does the mediation process look like?
Mediation is voluntary. Even if it doesn’t feel voluntary, all offers and solutions are voluntarily accepted or rejected by you. No one will be making decisions for you today except for you. Mediation is also confidential. What happens in mediation stays in mediation. We are all bound by confidentiality.
This is the beginning of the discussion we will have today
⬧ Both parties will have uninterrupted time to explain to me his/her perspective and what he/she hopes to accomplish in mediation.
BUILD AN AGENDA
This is a list of topics that we will discuss today / roadmap of conversation
⬧ If it is important to you to discuss, it will be added to the list. Agreement is not necessary. The list is fluid and can be amended at any time.
A discussion aimed at reaching an agreement / pivot discussion from past to future
⬧ Move from what happened in the past to what is possible in the future. Imagine future connections. Brainstorm possibilities. Do you have any regrets? Do you have any offers? Focus on solutions that will work for all parties
This is where I may need to speak to you each individually
⬧ Caucus is doubly confidential / what happens in caucus stays in caucus. I will not bring anything said in caucus back to the open session, but you can. Each side will have an opportunity to caucus. While you are waiting for your caucus or after your caucus, it is helpful to brainstorm possibilities, offers, and solutions.
Committing to an action plan
⬧ Mutual agreement is necessary. Creative solutions are encouraged. I will write your agreement up in your words. This document is legally enforceable, if you wish it to be.