Mediation is a term that largely refers to the process of settling any dispute with the help of a third person. And a mediator is someone who is neutral and impartially settles any matter at hand between the two parties. Mediation and negotiation are often used in the same sense however both are very different. Negotiation involves the parties working together in a dependent manner, where one party depends on the other to fulfill their result. It is also very biased and partial for one party because both the parties constantly try to win in the dispute rather than settling it. On the other hand, Mediation is the involvement of a third party that looks for a common ground for both parties to offer a settlement. A mediator can only suggest a way to settle the dispute, it does not have the power to give a ruling as a judge has. This process is usually private and confidential. As said earlier it is a process and hence involves certain steps for a successful mediation which you will be reading in this blog.

The first step is the Preliminary Meeting – this step includes the meeting between the parties and the mediator. This involves a brief introduction of the mediator to both the parties and vice versa. It also is a discussion about the subject- matter and what are the requirements of each party. The model of mediation and the course of action is also discussed and finalized in this meeting with the agreement of both parties.

The second step is Statement of the Problem – after the preliminary meeting, the mediator asks each party to give a written record of their dispute in simple words and allows them to tell their side of the story and demands. This statement also proves as a record and prevents a diversion of the topic and helps draw a practical solution to the problem.

The third step is Information Gathering – if all the information is not provided beforehand the mediator asks for all the details or has to collect it from other resources. The mediator should be provided with detailed information and state all the facts for the best possible result. This will help the mediator to understand the case on a deeper level and will try considering all the possible common grounds while coming up with a solution.

The fourth step is the Identification of the Problem – with all the information and discussions with both the parties, the mediator looks into the problem, identifies the issues of both the parties and calculates the grounds of mediation. The mediator then proceeds to discuss with the parties what he/she thinks is the issue.

The fifth and final step is Bargaining – after the issues and problems have been identified, both parties and the mediator discuss the possible results and their expectations. This is the longest step as this involves a lot of discussions and meetings to bring both the parties on a common ground to solve their dispute.

So these were the steps of a successful mediation. However, there can always be alterations depending on the client. And a mediator can only suggest unbiased ways to solve a dispute, it is not a judgment that is passed.