Stage 1:  Introduction

Mediators and participants introduce themselves and the mediators explain some of the basics of the mediation process: 

·        Confidential - Mediators will not share details of what the parties say in mediation.

·        Voluntary – Any party in the room can end the session at any time.

·        Legal advice – By law mediators may not give legal advice, even if they are attorneys.  If the parties reach an agreement or have any questions about their legal rights the mediators may suggest that they consult with an attorney.

·        Ground rules – Mediators may set some ground rules, such as no interrupting while one person is speaking, and will ask the parties if they would like to add any other rules.

Stage 2:  Story telling or Uninterrupted Speaking Time

In this stage, the parties to the mediation have a chance to talk about what has brought them to mediation.  Each party will have the chance to explain their perspective and say what they need to say.  In this stage, mediators will:

·        Summarize what each party has said so that everyone in the room is clear.

·        Identify both facts and feelings so that each party feels heard and can move toward a solution.

·        Identify common ground about what has happened and what is needed to resolve the situation.

Stage 3:  Clarifying Issues/Setting the Agenda: 

At this point, the mediators may ask some questions that were not answered in Stage 2 that are relevant to the issues.  The mediators will work with the parties to create a list of specific issues that the parties want to address.

Stage 4:  Brainstorming solutions:

The mediators will ask the parties to choose an issue and throw out any ideas they can think of to solve it.  At this stage, the mediators will ask the parties to avoid evaluating the ideas.  Often listing as many ideas as possible can spark an idea for a workable solution that is acceptable to all parties.  

Stage 5:  Evaluating of alternatives:

The mediators ask the parties to look over the list of options from Stage 4 and choose those that work best for both of them.  In this stage, mediators may ask “reality check” questions to make sure that the parties can follow through on the expected responsibilities of each.  They may also check in with parties to make sure they are choosing options that satisfy their needs.

Stage 6:  Writing the Agreement:

Mediators will write up the agreement for the parties, making sure the parties have the Who, What, Where, When, and How so that the agreement is realistic and clear.  Mediators will also try to ensure that the agreement is balance, i.e., no one party is taking responsibility for all of the agreement.

Again, mediators cannot give legal advice.  We encourage all parties who have created an agreement to have it reviewed by an attorney.  However, attorney review is not required and may not be desired by the parties.

Caucus:   In the course of the mediation, the mediators may also call a caucus.   During a caucus, certain parties to the mediation meet separately from the rest of the group.  Mediators may ask to caucus with each other, without the parties present, or they may ask to meet with each party separately.  Mediators often use caucus when they:

·        Need to confer with each other

·        Think there may be an underlying issue that is not being revealed with the whole group present

·        Feel tensions are high and parties may benefit from separate time with the mediators

·        Want to check in with each party separately to make sure they are comfortable with the

      process

·        Need to check in with parties if there is a potential issue of harm

What Kinds of Issues Can Be Mediated?

Neighborhood issues                                                                       

• dog disturbances
• upkeep of property
• general noise issues
• hours of activity

Tenant/landlord conflicts

• payment plans for back rent
• cleanliness of property
• noise issues
• repairs and renovation

Employment disputes

• employee/employer issues
• inter-employee problems
• business/customer conflicts
• business partner disagreements

Family issues

• custody and visitation
• parent/teen issues
• chores/curfews/house expectations
• school performance

 Juvenile and school disputes

• minor property destruction
• bullying
• noncompliance
• minor threats/fights

Minor criminal incidents

• minor fights with family or friends
• restitution issues
• fights between strangers
• trespassing

Public policy disputes

• use of land
• community development
• environmental conflicts
• community goals

Interpersonal conflicts

• relationship stalemates
• friendship reconciliation
• partnership decisions

For more information about CM’s mediation program, call our Office Manager at (203) 782-3500 or write to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .