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Frequently Asked Questions

Mediation Services -> The Mediation Process

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.

  1. 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.
  2. 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.)
  3. 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.
  4. Clarification Each party has an opportunity to respond to previous statements, to ask questions, and to clarify their concerns.
  5. 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.
  6. 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.
  7. 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.
  8. 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.