Mediation 1-2-3

Mediation 1-2-3

So, you are not sure if mediation is for you and you are curious about the mediation process. Before starting, it is important to understand the principles of mediation - that it is a safe, confidential, and voluntary process in which parties are treated fairly and equally, and given the chance to determine the outcome of their dispute.

By Ehsan Ali and Alnoor Maherali

We, as the mediators, manage the process as follows:

1. Phone Consultation

Venn Mediation offers a free 30-minute consultation with all parties to provide an overview of the process, to explain its requirements - like what is expected of both parties, what documentation they may need to bring, and more - and to review fees. We will answer your questions and make sure that you are comfortable with the process and that it is right for you. If you agree to continue, a first session is scheduled for a later date.

2. The Mediation

Your first session, which runs for two hours, covers the process, reviews ground rules, and reiterates the core principles of mediation. All parties sign a confidentiality agreement and a statement saying they understand the ground rules. Each party then gets to explain what brought them to the mediation and the outcome that they are hoping for. It is from these exchanges that key interests arise and these form the building blocks for understanding between parties. As core issues start to emerge, the mediator will encourage the parties to generate creative, value-creating options so that everyone can be happy with the outcome.

3. The Understanding, Agreement and Contract

Once options are generated, the mediator helps the parties figure out which ones would work best for them. If things get stuck, the mediator can be helpful in highlighting points of agreement and identifying opportunities for the parties.  If an agreement is reached, it is put into writing in the form of a memorandum of understanding (MOU), reviewed, and then signed by both parties. If the parties want a binding legal agreement, the MOU can be taken to a lawyer and turned into a contract.

Ready to take your first steps to a better resolution?

No two mediations are ever alike.  And oftentimes, depending on the complexity, they can take several sessions to resolve. It is important to remember that in any negotiation, nothing is agreed upon until everything is agreed upon. But after each session, our goal is for each party to feel that they are somewhat closer to an outcome they can be happy with. If a faster, cheaper, and more effective resolution sounds like it is for you, contact us at Venn Mediation. We would love to help.

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