What is Mediation:

Mediation is a confidential conversation between people, groups or organizations who are in conflict. Mediation is confidential - the mediator will not testify in any kind of formal trial or hearing which may develop from the issues addressed unless all parties to the mediation agree that the mediator may speak or testify. The mediator will not discuss the mediation with anyone outside of the mediation session without express permission of all parties involved. The exception to this is if there are allegations of child abuse, elder abuse or threat of harm to self or someone else. In this case the mediator will make the appropriate report.

The mediator assists the parties in their communication so they can better understand each other's perspectives and interests. The mediator further assists the parties to develop options for settlement, and empowers the parties to choose the resolution they find best, given their unique circumstances.

Partners in Mediation, Inc. uses several different models of mediation when helping parties resolve disputes. The most commonly used models include the joint session format and the caucus (separate session) format.

In the joint session format, the parties work together with the mediator, communicate directly with each other and negotiate their desired solution. The joint session format is typically used in family mediation situations such as parenting disputes, pre-divorce, post divorce, eldercare issues, parent-teen problems, sibling disputes, family business matters, and other circumstances in which families find themselves in conflict. Other types of disputes in which the joint session format is used include truancy prevention mediation, some employment matters, some civil rights situations, and occasionally in civil litigation.

The caucus or separate session format is characterized by a joint opening session followed by extended caucuses in which the parties to the dispute break into separate rooms and the mediator moves between the parties. The mediator manages the communication between the parties as he or she shuttles between them. The mediator is not just a messenger but helps the parties discover their interests, needs, and the strengths and weaknesses of their case. The mediator then, with agreement of the party, communicates proposals, agreements, interests, and needs to each side. The caucus format is generally used in mediations concerning professional liability claims, many business disputes, and generally those disputes in which the typical solution involves the payment of a settlement. This format may also be used in domestic relations cases were there have been allegations of domestic abuse and the victim is willing to mediate as a way to end the relationship.

At Partners in Mediation, Inc., we are able to design a dispute resolution process to meet your specific needs, using the joint session model, the caucus model,. or a combination of the two.

Mediation: An idea who's time has come