In the Dispute Resolution Services, Inc. model, there are seven steps in a mediation. These steps are similar to a recipe or formula. Timing and judgment of when to move to the next phase or repeat or skip a phase comes with training and experience.
The seven steps of a DRS model mediation are:
1. The Mediator's Opening Statement.
2. Initial Statements by the Disputants or their attorneys.
3. Setting the Agenda.
4. Surfacing the Conflict, Communications and Structuring Negotiations.
5. The optional Caucus.
6. Finalizing the Agreement.
7. Closure.
Most attorneys and parties focus primarily on steps 3 through 6. DRS-trained mediators realize that the opening statements by the mediator and the parties plays a pivotal role in creating the environment that facilitates reaching an agreement. Proper closure is important if the parties are, in fact, to have closure with regard to the dispute.
Click on a step to obtain additional insight into the process.
Depending on the purpose and setting of the mediation, some of the steps may be achieved prior to the mediation. The information contained in the Mediator's Opening Statement may be transmitted prior to mediation, and attorneys for represented parties would be wise to review the informality of the mediation process, confidentiality rules, and the fact that it is the parties who will ultimately fashion and implement an agreement, not the mediator.
The Initial Statements by the parties and at least an outline of the agenda may be set forth in written briefs submitted to the mediator in advance.
In a litigated matter, the parties may start out in separate caucuses and be together in a joint session, if at all, only to sign a written agreement.
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