The following principles were developed over a period of time by organisations involved in mediation, and have been agreed to by both Mediation UK and the UK College of Family Mediators.
Key elements of mediation:
- Impartial skilled negotiator
- Voluntary (on the part of the clients)
- Confidential
- Informal and flexible
- Decisions based on consensus
- Focused on the future to achieve a ‘gain-gain’ result and resolve conflict.
Seven stages of the mediation process
- Initial contact with the first party
- Initial contact with the second party
- Preparing to work on the dispute
- Setting the scene – hearing the issues
- Exploring the issues
- Building agreements
- Closure and follow-up.
Role of the mediator – underlying principles
- Mediators help people to identify their own needs, clarify issues, explore situations, and negotiate their own agreement
- Mediators do not advise those in dispute, Mediators are not Counsellors, but help people to communicate with each other
- Mediators are impartial, and must have no stake in the outcome of the process.
The mediator will:
Those in dispute:
- remain non-judgemental
- listen actively
- act impartially
- encourage changes in perspective
- seek out underlying needs and interests
Elements of successful mediation
Those in dispute:
- willingly take part
- are prepared to be open and honest about the situation and their part in it
- want to work cooperatively with the other party to find a solution
- want to continue to have a civilised relationship
- feel that they are in a safe atmosphere
When mediation may not work
- If people feel coerced to take part
- If one person is reluctantly attending
- If another service such as counselling support is deemed more appropriate
- If they have no need/wish to build a different future relationship
- If people feel unsafe or threatened
- If the mediator has a vested interest in the outcome of the mediation