The typical steps in mediation are as follows:
1. Trigger → Request for Mediation: The mediation process begins when a dispute arises and one party submits a formal request for mediation. This step triggers the process and invites the other party to participate in a collaborative effort to resolve the conflict outside of court or arbitration.
2. Party Agreement → Acceptance & Appointment: Mediation proceeds only when both parties agree to participate. Once consent is obtained, they jointly appoint a mediator—or, where appropriate, a panel of mediators—who are impartial and acceptable to all sides. The mediator’s role is to facilitate communication and guide negotiations, not to impose a decision.
3. Information/Preparation Phase: Before sessions begin, the parties exchange brief statements or summaries outlining their positions, key issues, and desired outcomes. The mediator reviews these materials and arranges a schedule of meetings. This stage ensures that all participants are well-prepared and that the mediator understands the background and context of the dispute.
4. Sessions → Facilitated Meetings: The mediator conducts a series of joint and private (caucus) sessions with the parties. During these meetings, issues are discussed openly, misunderstandings are clarified, and interests are explored. The mediator encourages constructive dialogue, manages tensions, and keeps discussions focused on achieving a workable resolution.
5. Proposal Phase → Exploring Options: As discussions progress, the mediator assists the parties in developing and evaluating settlement options. When potential solutions are identified, the mediator helps draft a settlement proposal or agreement that reflects mutual understanding and practical outcomes.
6. Outcome → Settlement or Closure: If the parties reach a settlement, the agreement is documented, reviewed, and formally executed—marking the successful conclusion of the mediation. If no settlement is achieved, the mediation concludes, and the parties may pursue other dispute resolution options such as arbitration or litigation.
7. Post-Agreement → Implementation & Enforcement: After a successful mediation, the parties proceed to implement and enforce the settlement per its terms. In some jurisdictions, the agreement can be made legally binding or converted into a consent order, ensuring compliance and final resolution of the dispute.