When parties have decided to solve a dispute by means of mediation, they meet with the mediator for an introduction. The mediation agreement is drafted and signed by the parties and the mediator. The mediator explains the procedures and the rules of the process.
Dispute
In the subsequent sessions the conflicting parties give their views on the dispute. The mediator stimulates and supports in such a way that all aspects are presented. This setting is ruled by a “cease fire” agreement, so the parties can be as open as possible. The mediator thereby gets an understanding of the dispute and the hidden aspects. Also each party has the possibility to reflect on the position and the interests of the other party.
Interests
Subsequently the meetings will be jointly and in caucus attended in order to get a clear view on the positions and interests of the parties. The mediator translates the positions into interests and presents the information to each party in a productive way. He facilitates the process so that the real issues emerge. At the end of this stage all common and conflicting interests are listed and the dispute resolution arrives in the next stage.
Options
The common and conflicting interests are now on the table. Based on these options the parties investigate together the consequences of each option. The mediator monitors and supports the process, so that the parties maintain a cooperative attitude.
Solution
Finally the best option – for both parties – is negotiated and agreed and confirmed in a written agreement.