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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Mediation is a useful tool in resolving disputes between parties, as it is often faster, more cost-effective, and private than litigation. Furthermore, the presence of a neutral third-party mediator enables all sides to negotiate on equal terms without fear of coercion or manipulation. Rather than relying on court proceedings to decide the matter at hand, mediation seeks to bring parties together in a collaborative environment where both parties have an opportunity to speak openly and work out their differences. This approach often produces outcomes which are beneficial for all sides involved, allowing them to keep their relationships intact and move forward from the dispute.

Using ������Ƶ’s community template library is an easy way for anyone to draft high quality legal documents without hiring an expert - be they Mediation Agreements or other legal documents related to business disputes or contract negotiations. Our team can provide step-by-step guidance on how to access our template library today and make use of our millions of data points that help teach Genie’s AI what constitutes market standard mediation agreements. Our free templates will give you everything you need - from clauses detailing each party’s rights and obligations through to dispute resolution protocols - helping you create a plan that works best for your needs with minimal stress and hassle.

So don’t get stuck in costly court proceedings: read on below for our step-by-step guidance and start leveraging ������Ƶ’s community template library today! There’s no need for a ������Ƶ account – we just want to help get your mediation started without delays.

Definitions

Contents

1. Research the dispute
2. Review relevant documents and laws
3. Consider possible strategies
4. Schedule the Mediation Session
5. Select an appropriate location
6. Secure a neutral third-party mediator
7. Invite all relevant parties to attend
8. Prepare for Meeting
9. Gather essential documents and materials pertinent to dispute being mediated
10. Become familiar with any applicable laws or regulations that could impact potential solutions
11. Clarify goals and objectives prior to session start time
12. Arrive at the mediation session on time and ready to discuss issues
13. Determine how sensitive information will be handled throughout process (e.g., confidentiality agreement)
14. Establish ground rules, such as speaking order, taking breaks, etc., depending on individual needs of participants
15. Confirm all parties are aware of their rights prior to beginning discussion
16. Have copies of the mediation agreement readily available in case certain changes need to be made on the spot
17. Discuss expectations/goals as well as any other considerations with counsel prior to starting session
18. Develop a comprehensive list of questions or concerns that each party wishes addressed during mediation by other participants
19. Be sure everyone knows contact information for each person participating in case clarification is needed at a later stage
20. Set aside ample time for discussions; allow room for negotiation once common ground has been established
21. Identify potential stumbling blocks or areas where disagreements may arise
22. Make note of any topics that may require additional research after conclusion of session
23. Take notes throughout process; have means available for recording audio/video if desired
24. Determine if there are any required additional steps needed before finalizing an agreement (e.g., signing off from court)
25. Discuss Issues
26. Represent each party’s point of view properly without speaking over one another
27. Work towards finding common ground by sharing ideas and engaging in active listening
28. Seek out hidden interests behind positions taken by participant
29. Provide fact-based evidence when necessary
30. Identify any areas where both sides can agree upon
31. Remain respectful throughout entire process
32. Generate Potential Solutions
33. Brainstorm potential solutions that mutually benefit all parties involved
34. Focus creative thinking efforts on resolving issues rather than assigning blame
35. Adhere to legal requirements when creating agreement terms
36. Utilize compromise techniques when no solution seems achievable
37. Ensure proposed solutions are acceptable under applicable law
38. Draft Agreement & Finalize Terms
39. Create rough draft document outlining agreed upon terms
40. Go over every section in detail until both sides feel satisfied with outcome
41. Discuss implications & effects each term might have on either party
42. Use specific language when creating document; avoid ambiguities as much as possible
43. Sign & Execute Agreement Formally
44. Have all relevant parties sign off on document legally
45. Notarize agreement if necessary
46. Follow Up & Monitor Progress
47. Informally monitor progress of the agreement, or follow-up formally if any party appears to be in violation of terms set forth in mediation agreement
48. Take Necessary Legal Action If Needed
49. If informal monitoring and follow-up fail, initiate legal action to enforce mediation agreement if necessary
50. Record Keeping & Documentation Management
51. Maintain accurate records concerning resulting mediated settlement so it can be referred back later

Get started

Research the dispute

• Gather as much information as you can about the dispute, such as all parties involved, the history of the dispute, and any relevant documents or laws
• Ask questions of the parties involved to get a better understanding of the dispute
• Talk to others who are knowledgeable about the dispute, like attorneys or experts in the field
• Research any applicable laws or statutes that may be relevant to the dispute
• Once you have a full understanding of the dispute, its parties, and any relevant laws and regulations, you can move on to the next step.

Review relevant documents and laws

• Read through any relevant documents, such as contracts, statutes, or regulations, that might be applicable to your dispute.
• Identify any key points or passages that may be important for your mediation.
• Consult any applicable laws in your jurisdiction that may be applicable to the dispute.
• Once you have reviewed all relevant documents and laws, create a list of points that may be discussed during your mediation.
• This will give you a better understanding of the dispute and help you to determine the best possible strategies.
• When you feel you have a good understanding of the dispute based on the documents and laws, you can move on to the next step of considering possible strategies.

Consider possible strategies

• Research different types of mediation strategies, such as facilitative, evaluative, and transformative
• Reach out to your local or state bar association for a referral to a qualified mediator
• Consider the budget, time constraints, and desired outcome of the mediation
• Examine the pros and cons of each strategy
• Understand the possible consequences of any agreements reached in the mediation
• When you have identified the right type of mediation strategy, you can check this step off your list and move on to scheduling the mediation session.

Schedule the Mediation Session

• Set a date and time for the mediation session that works for all participants
• Contact each participant to confirm the date and time of the mediation session
• Once all participants have confirmed the date and time of the mediation, consider it scheduled and move on to the next step
• You can check off this step when all participants have confirmed the date and time of the mediation session

Select an appropriate location

• Choose an area that is free of distractions, comfortable, and private
• Consider the needs of everyone involved, such as accessibility and dietary requirements
• Make sure that the space is large enough to accommodate everyone who will be attending
• Establish the ground rules for the mediation session with the mediator
• When the appropriate location is selected and the ground rules are established, you can check this off your list and move on to the next step.

Secure a neutral third-party mediator

• Research and interview different mediators to find one who is experienced with the type of dispute, is impartial, and has the time and availability to mediate
• Ask for references and check qualifications to verify the mediator’s experience
• Verify that the mediator is available for the scheduled mediation plan
• Once the mediator has been selected and confirmed, you can check this step off your list and move on to inviting all the relevant parties to attend.

Invite all relevant parties to attend

• Contact all relevant stakeholders (e.g. individuals, organizations, etc.) by phone, email, or letter and invite them to attend the mediation session
• Make sure to include the date, time, and location of the session in the invitation
• Ask each party to confirm attendance or decline the invitation
• Keep track of the responses and follow up with any parties who do not respond
• Once all parties have confirmed attendance or declined, you can check off this step and move on to preparing for the meeting.

Prepare for Meeting

• Prepare a space conducive to successful mediation, such as a conference room or other area with comfortable seating
• Have writing supplies and other materials, such as a whiteboard or projector, available for use
• Print out copies of all relevant documents ahead of time
• Make sure all parties invited are aware of the agreed-upon date and time for the mediation
• Once all of the above is ready, you can proceed to the next step of the process and move on to gathering essential documents and materials pertinent to the dispute being mediated.

Gather essential documents and materials pertinent to dispute being mediated

• Collect all relevant documents such as contracts, emails, and written agreements.
• Identify any relevant documents or materials that may be needed to move forward with the mediation.
• Review all documents and materials carefully to ensure accuracy.
• Compile all documents and materials in a single folder or binder for easy access during the mediation.
• Once all required documents and materials have been gathered and reviewed, mark this step off your list and move on to the next step.

Become familiar with any applicable laws or regulations that could impact potential solutions

• Research any local laws and regulations that could apply to the dispute being mediated
• Take note of any relevant legal opinions or case law that could be applicable
• Consult with a lawyer or legal professional to get an understanding of the applicable laws
• Have a clear understanding of the laws and regulations that could impact the outcomes of the dispute
• Be able to explain the applicable laws or regulations to the other parties should the need arise
• When you can clearly explain the applicable laws or regulations and have a clear understanding of how they could impact the outcome of the dispute, you have finished this step and can move on to the next step.

Clarify goals and objectives prior to session start time

• Identify the goals of each party prior to the mediation session
• Ask each party to list their expectations and desired outcomes
• Discuss and review each party’s individual goals and objectives
• Establish a shared understanding of the goals and objectives of both parties
• Confirm that the parties are in agreement regarding the goals and objectives of the mediation session
• Once all goals and objectives have been identified and agreed upon, you can move on to the next step.

Arrive at the mediation session on time and ready to discuss issues

• Confirm the date and time of the mediation session and make sure you arrive on time
• Gather the documents and other materials you need to discuss the issues
• Prepare your ideas and questions ahead of time to ensure you are ready to discuss the issues
• When you arrive, introduce yourself and review the topics you plan to discuss
• When you are ready to proceed, let the mediator know that you are prepared to start the session
• When you can check this off your list: When you have arrived, introduced yourself, and reviewed the topics that you plan to discuss.

Determine how sensitive information will be handled throughout process (e.g., confidentiality agreement)

• Decide if the parties would like to sign a confidentiality agreement.
• If so, decide on the language of the agreement and who will take responsibility for providing the agreement.
• Consider if the agreement should be binding or non-binding.
• After the agreement is signed, make sure you have a copy of it.

Once you have determined how sensitive information will be handled, you can check this off your list and move on to the next step.

Establish ground rules, such as speaking order, taking breaks, etc., depending on individual needs of participants

• Brainstorm ground rules that participants can agree to abide by during the mediation.
• Discuss and negotiate the ground rules with all parties and come to a consensus on what works best for everyone.
• Write the agreed-upon ground rules down and make sure all parties have a copy of the rules.
• Ensure that all parties understand the ground rules and what is expected of them during the mediation.
• When all parties have agreed to the ground rules and understand their implications, you can check this off your list and move on to the next step.

Confirm all parties are aware of their rights prior to beginning discussion

• Explain to each party that they have the right to end discussions at any time
• Explain to each party that they have the right to seek legal advice and/or counsel from an attorney of their choice
• Explain to each party that all information discussed during the mediation session will remain confidential
• Allow each party to ask any questions they may have about their rights before beginning the mediation session

Once all parties have confirmed that they understand their rights prior to beginning discussion, you can move on to the next step.

Have copies of the mediation agreement readily available in case certain changes need to be made on the spot

• Obtain copies of the mediation agreement from the court or from the parties’ respective legal counsel.
• Make sure that all copies are up to date and accurate.
• Print out enough copies to provide one to each party and one for the mediator.
• Have a pen and paper handy in case any changes need to be made on the spot.

Once you have copies of the mediation agreement readily available, you can check this step off your list and move on to the next step.

Discuss expectations/goals as well as any other considerations with counsel prior to starting session

• Schedule a meeting with the counsel for each party to discuss the expectations/goals and any other considerations for the mediation session
• Ask each counsel to provide a written summary of their client’s expectations/goals and any other considerations for the mediation session
• Make sure that the expectations/goals and any other considerations for the mediation session are understood by all participants and their counsel
• Make sure that any changes to the mediation agreement that may be necessary due to the expectations/goals and any other considerations are agreed upon by all parties
• When all expectations/goals and any other considerations are discussed and any changes to the mediation agreement are agreed upon, the step can be checked off the list.

Develop a comprehensive list of questions or concerns that each party wishes addressed during mediation by other participants

• Brainstorm a list of questions or concerns that each party wants addressed in the mediation session.
• Ensure that everyone is clear on the topics that need to be discussed during the session.
• Make sure that the list of questions/concerns is comprehensive and covers all relevant points that need to be addressed.
• If necessary, refer to any documents that have been shared prior to the session to ensure that all points have been included.
• Once the list is developed, discuss it with counsel to ensure that all points are addressed.
• When everyone is satisfied that the list is comprehensive and addresses all points needed, then you can move on to the next step.

Be sure everyone knows contact information for each person participating in case clarification is needed at a later stage

• Collect contact information from all participants, including name, telephone number, and email address
• Make sure all participants have each other’s contact information
• Keep a record of all contact information in a safe place
• Make sure all participants are aware that they can contact each other if clarification is needed in the future
• Once all contact information is collected and participants are aware of the ability to contact each other, you can check this step off your list and move on to the next step.

Set aside ample time for discussions; allow room for negotiation once common ground has been established

• Identify a location for the mediation session that is comfortable and accessible for all participants
• Estimate the amount of time needed for the mediation session, taking into account the complexity of the issues to be discussed
• Schedule the mediation session at a mutually agreed upon date and time
• Allow for flexibility to extend the amount of time needed if needed
• Once common ground has been established, provide time and space for the parties to negotiate and come to an agreement
• When the parties have reached an agreement, document it in writing and have each participant sign it to confirm their agreement
• How you’ll know when you can check this off your list and move on to the next step: When all participants have agreed on, and signed, the mediation plan.

Identify potential stumbling blocks or areas where disagreements may arise

• Brainstorm and identify any potential areas where disagreements may arise in the mediation process.
• Consider any previous interactions or conversations that have occurred between the parties involved to get a better understanding of the situation.
• Ask open-ended questions to both sides to get a better idea of any obstacles that may arise.
• Identify any topics that may have a strong emotional response from either side.
• Make note of any topics that may require additional research or investigation.

You will know when this step is complete when you have identified any potential areas of disagreement in the mediation process and have written them down.

Make note of any topics that may require additional research after conclusion of session

• Note any topics or questions that arise during the mediation process that you may need to research further after the session is finished
• Make a list of any topics or questions that need to be further researched and create a timeline for when the research should be completed
• Once you have a complete list of items that need to be researched and a timeline for completing the research, you can check this step off your list and move on to the next step.

Take notes throughout process; have means available for recording audio/video if desired

• Prepare recording equipment such as audio recorder and/or video camera for capturing the mediation session
• Set up the equipment in a way that will capture the entire mediation session
• Have a notepad or other writing implements handy for taking notes
• Make sure you have enough battery or power to last the duration of the session
• Record audio and/or video of the entire mediation session
• Take notes of key points in the mediation session to refer back to later
• At the end of the session, review the notes and recordings to make sure that you have captured all the important points of the session
• When you are satisfied that all the important points have been captured, you can move on to the next step.

Determine if there are any required additional steps needed before finalizing an agreement (e.g., signing off from court)

• Determine if any court-mandated steps are necessary to finalize the agreement.
• Check with your local court to make sure that all necessary steps are completed in order to finalize the agreement.
• Make sure to follow all of the court’s required steps before finalizing the agreement.
• Once all court-mandated steps are completed, you can move onto the next step in the mediation process.

Discuss Issues

• Make sure everyone is clear on the purpose of the mediation and the goal of reaching an agreement
• Discuss the issues at hand, including any potential points of contention
• Make sure both parties are heard and that each person is given the opportunity to explain their point of view
• Be mindful of any potential triggers, power dynamics, and other potential barriers to effective communication
• Agree on a set of ground rules to ensure a productive discussion
• Remain focused on facts, not emotions, and use active listening techniques
• When possible, come to a consensus on how the issue will be addressed

When you have discussed the issues, both parties should have a better understanding of the issue at hand and have a plan for how to move forward.

Represent each party’s point of view properly without speaking over one another

• Each party should listen to the other’s perspective without interruption.
• Offer a summary of what the other party has said to make sure both parties understand one another.
• Avoid making assumptions or generalizing the other person’s point of view.
• Avoid speaking over each other and instead speak one at a time.

Once both parties are able to accurately and respectfully explain one another’s point of view, you can move on to the next step.

Work towards finding common ground by sharing ideas and engaging in active listening

• Brainstorm ideas with the other party
• Ask open-ended questions to understand their thoughts and feelings
• Make sure to clarify any misunderstandings
• Listen without judgment and encourage them to explain their points
• Acknowledge their feelings and express a desire for understanding
• Show respect for their ideas and consider how their ideas might fit into a solution
• When in doubt, summarize what you heard to ensure the parties are on the same page

You will know this step is complete when each party has a better understanding of each other’s point of view and has started to look for common ground.

Seek out hidden interests behind positions taken by participant

• Ask each participant to explain why they feel strongly about the issue at hand.
• Consider what underlying needs or interests each person may have that they haven’t shared.
• Ask questions to probe deeper if necessary.
• Listen carefully to determine if there are any shared interests that can be used to bridge the gap between the two sides.
• Acknowledge the other participants’ feelings and interests that have been shared.
• Summarize the interests that have been identified and ensure that each participant understands the interests of the other.

How you’ll know when you can check this off your list and move on to the next step:

• When each person has had a chance to explain their position and interests, and those have been acknowledged by the other participants.
• When any shared interests have been identified and acknowledged.
• When all participants are able to understand each other’s interests.

Provide fact-based evidence when necessary

• Gather all the facts that are relevant to the conflict and ensure that they are accurate.
• Provide the facts in a way that is easy to understand and accept by both sides.
• Make sure that the facts are neutral, unbiased and not taken out of context.
• Be prepared to explain why the facts are important and how they relate to the dispute.
• Avoid any interpretations or opinions while presenting the facts.
• When done presenting the facts, give each side a chance to ask any questions or clarify any doubts.
• You will know you have completed this step when both sides understand the facts and are able to accept them.

Identify any areas where both sides can agree upon

• Brainstorm and discuss any areas where both sides can agree upon
• Ask open-ended questions and actively listen to each other’s responses
• Identify any common interests or goals that the two sides have
• Compromise and be flexible in order to come to an agreement
• When a consensus is reached, document the agreement and move on to the next step
• You’ll know when you can move on to the next step when both sides have agreed on an area of agreement.

Remain respectful throughout entire process

• Remain mindful of the other person’s emotions and be respectful of their feelings
• Avoid raising your voice or using aggressive language
• Listen attentively to what the other person has to say and respond thoughtfully
• Apologize if you make a mistake or say something that could be perceived as offensive
• Show understanding and empathy by repeating what they say in your own words
• When you disagree with the other person, do so respectfully, without attacking their opinion
• When the conversation gets too heated, take a break and come back to the conversation when cooler heads prevail

When you’ve completed this step, you’ll know that you’ve created a respectful and productive environment for the mediation process to take place.

Generate Potential Solutions

• Talk with each party individually and privately about what solutions would be acceptable to them
• Listen carefully to each party’s needs and wants
• Brainstorm potential solutions that could potentially work for all sides
• Write down any potential solutions that come up during discussion
• Evaluate each potential solution to determine if it is fair and mutually beneficial
• Once potential solutions are identified, discuss them with the parties and have them agree on one that works best for all
• When a mutually-beneficial solution has been identified, check this step off your list and move on to the next step.

Brainstorm potential solutions that mutually benefit all parties involved