Mediation Possibilities 1

Mediation is more process than event. It’s not like a sporting event or concert or a movie where you pay to watch. Just showing up is not enough. Pre-work and preparation are critical. Follow up is often necessary. And the session itself can take many different forms depending on the practices of the mediator and the input of the parties. Because the session is 100% participatory, you should have input into what that session will look like. When you think of mediation as process more than event, you will naturally start to think about how you can shape or influence that process to have a session that is productive.

In order to shape the process, it helps to break the process down into its component parts and look at the possibilities each part presents separately. The mediation process includes mediator selection, pre-session calls, pre-session written submissions, convening the session (joint session or not), caucusing (break out sessions), concluding and follow up. There are choices to be made at each phase of the process. Unlike litigation or arbitration, where pre-set rules are critical, mediation can be approached as a creative space with lots of design options and few fixed rules. In my next few posts over the next couple weeks, I will write about the kinds of choices you can make in each phase. I hope this will be helpful to at least a few of you out there.