PositiveLiaisons/Process

The following is an overview of the mediation process:

- The parties have agreed to engage a mediator.

- Each party presents their view of the problem.

- During joint mediation session(s),* the mediator guides the discussion as neutral third party.

- The mediator can speak with each party in private (caucus)* to clarify confidential issues.

- The parties negotiate issues and resolve differences.

- Once the parties find a solution they agree on, an agreement may be signed, outlining the details.

*Since every situation is different, the number of sessions and/or caucuses may vary. Some disputes may be resolved in one meeting, others may take longer.

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There are always Options

The mediation process is one of give-and-take, where the parties negotiate their options. The idea is that rather than having one winner and one loser, both will win through giving a little and getting a desired outcome in return.

The parties do not waive their right to legal proceedings when entering mediation. Should the mediation not result in an agreement they are happy with, they have the option of hiring a lawyer and going through the court system for a mandated decision.

When an agreement has been signed by both parties, and the terms agreed upon are not upheld, the parties may return to mediation, or pursue other legal means, such as arbitration or litigation, to settle the issues.

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