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Mediation Services
What is Mediation?
The Mediation Process
Small Claims Court Mediation
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Frequently Asked Questions
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Mediation Services -> The Mediation Process
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DRC mediations follow a structured process that has proven very effective in helping people to resolve their
disputes.
We use an interest-based and empowering process in which the parties speak and negotiate directly with each other,
with the mediator acting as a facilitator (as opposed to other mediation models in which the parties are separated
and the mediator shuttles between them, conveying statements and offers back and forth).
The DRC process is outlined below, so that you can get a sense of what to expect if you try mediation.
- Introduction At the beginning of the mediation, the mediators introduce themselves to the parties.
The mediators then describe the mediation process and ground rules, and answer any questions the parties have.
- Agreement to Participate All parties read and sign the Agreement to Participate, which is mailed
in advance. (If you are mediating in small claims court, you will be given this document at the start of the
mediation.)
- Opening Statements Each party has the opportunity to explain without interruption their
perspective, presenting their concerns and what they would like to see happen in order
to resolve the dispute. The mediators reflect back a summary of what they've heard, in order to make
sure that they have understood each person's perspective correctly.
- Clarification Each party has an opportunity to respond to previous statements, to ask questions,
and to clarify their concerns.
- Agenda Building The parties create a list of the main issues that
need to be addressed during the mediation in order for the parties to feel the dispute has been resolved.
- Exploration and Negotiation The parties explore the interests underlying each issue, and
brainstorm creative and realistic options that meet the needs of all parties. The parties
negotiate directly with each other. The mediators assist the process, without creating or imposing a settlement
of any kind.
- Private Meetings At any point in the process, the mediators may choose to meet privately with each
party. These are confidential meetings to check in with the parties and explore options for
resolving the dispute. Either party may also request a private meeting with the mediator.
- Agreement Most people who choose to mediate are able to reach an agreement to resolve their
dispute, and most choose to have their agreement written up by the mediator and signed by all the parties so
that they have a signed document clearly outlining the terms of the agreement. This document may serve if
necessary as a legally binding contract enforceable by a court of law.
Breaks Most mediations take two to three hours. The mediators may suggest taking a break at some point, or any of
the parties can request a break as needed.
Observers There may be observers present during a mediation, as part of the DRC mediator training
program. Observers are bound by the same rules of confidentiality as the mediators.
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