We understand mediation as a method of conflict resolution whose main objective is to make relations between the people involved improve.

In this article we will talk about the phases of mediation , and what processes take place in them.

What is mediation?

Mediation, as a method of conflict management and resolution, has been and is a constant practice in our communities, societies and cultures. It is an effective tool used to negotiate between adverse parties, in the presence of a third, neutral party , whose role is to facilitate communication and the search for solutions.

The purpose of mediation is not to determine who is or is not right when a conflict exists, but to help resolve it. The key to mediation is to give the opportunity and the protagonism to each of the parties so that they can manage and reach an effective resolution of the conflict . The objective, therefore, is not only to reach an agreement, but how to work and what means the parties use to achieve it.

In short, mediation is an attempt to help people communicate and understand each other in a different way , with the intention of broadening their perception of the problem. Being able to understand how the problem affects or how the other person feels is fundamental, regardless of whether or not it is possible to reach concrete agreements.

For a mediation process to be effective from the outset, the participation of the parties must be voluntary and the person acting as mediator must be properly trained and educated.

The figure of the mediator

The mediator is the key figure in the mediation and is the person who contributes to building trust between the parties and throughout the process.

It is the figure of the mediator who helps the parties in conflict to interact with each other so that they understand each other and can work together , in a completely different way than they had been doing up until that moment. Their task is, essentially, to propose procedures for finding solutions.

To be able to carry out the task of mediation it is necessary to have a series of qualities, such as being objective and showing empathy , to get an idea of the position of both parties; or being impartial and gaining the trust of both, so that the mediator abstains from his personal opinions and directs the solution of the conflict based on the needs of the parties and not on his own.

Phases or stages of mediation

The mediation process must include a series of stages through which every mediator and every party in conflict must pass .

There are two distinct phases; a first interview with each of the parties involved in the conflict; and a second phase, once both parties agree to proceed with mediation, in which they already meet, communicate and the conflict resolution is set in motion.

1. Premediation phase

The objective of this first phase of the mediation, which consists of interviewing the parties, is to obtain information about the conflict, to transmit confidence to them and to allow a space of relief , so that the ground can be paved for a final meeting.

The other stages of this phase would be the same as in the mediation phase: the presentation or framing, the description of what happened, the clarification of the problem, the search for solutions and, finally, the agreement. In this case, the final agreement consists of the person agreeing to participate in the next phase of the mediation.

2. Meeting or mediation phase

The meeting or mediation phase is the most important stage of the whole process, since it is in this phase that the parties present the problem and describe what happened , in order to be able to clarify the conflict and look for solutions.

Let’s see which stages are included in the meeting or mediation phase:

2.1. Presentation or framing

In the presentation or framing, the goal is to create trust in the mediation process. The mediator is in charge of explaining how it is going to be developed (objectives, expectations, role of the mediator and the parties in conflict, etc.), of reminding the importance of confidentiality and of their collaboration, as well as clarifying the basic rules of participation .

This first phase is particularly useful to inform the parties that good communication requires minimum requirements (no interruptions, efforts to understand each other, proper communication, etc.), so that if these requirements are met, it will be easier to find solutions more quickly and efficiently, just as if they are not met, the situation is likely to get worse.

To begin the meeting by reminding the parties of what mediation consists of is important, since; on the one hand, we point out to them that to solve a problem another form of interaction is necessary, and that the figure of the mediator is there to facilitate communication, so that they can resolve the conflict; and on the other hand, that the mediator is going to serve them as a model of interaction , understanding that what is relevant is not so much the content of what is said, but rather the tone and form of the discourse.

2.2. Description of what happened by the conflicting parties

In this second stage of the mediation phase, each of the parties will be able to present their version of the conflict and will have the opportunity to express what they think and how they feel about it.

This moment is ideal for each of them to feel that they are being heard and to be able to let off steam. That is why it is important that the mediator creates a relaxed atmosphere and, above all, manages the exchange of messages.

The mediator must make sure that the parties respect the turn to intervene, trying to make them listen actively and to equalize each one of them with the opposite party . He/she must also help to put on the table the most relevant issues of the conflict (without making value judgments or giving advice), paying attention to both the content and the relationship between the parties.

2.3. Clarification of the problem

In this phase of mediation, the figure of the mediator is key, since it seeks to identify what the conflict consists of in order to try to reach a consensus on the most important issues for both parties. Mutual agreement on the issues to be addressed must be ensured so that progress can be made towards a solution to the conflict.

In addition, the mediator will have to achieve a consensus version of the problem, mainly exploring the interests behind the positions of each one and directing the dialogue in terms of interests (a key point to be able to solve the conflict adequately).

This stage is of great relevance, since thanks to the questions asked by the mediator and the parties they will be aware that there are several points of view or approaches to the same problem , thus facilitating the resolution of the conflict.

Also, as we have noted above, if each party presents its interests first and then its positions, it will be easier for the other party to be receptive to them.

In short, the objective of this phase is: to identify the interests, needs and feelings of both parties; to understand the position of the other in an empathetic way; and to try to highlight the common elements in the perception of the conflict, highlighting the importance for both parties to reach an agreement.

2.4. Search for solutions

In this phase, the most relevant issues are discussed and possible solutions and meetings are sought. The mediators must facilitate creativity in the search for ideas or solutions (through techniques such as brainstorming, creative visualization, etc.), analyzing what each party is willing to do and what it asks of the other party, asking them to evaluate each of the possible solutions and asking for their agreement with each of the proposals .

In this phase it is very important that adequate communication skills are handled. At this stage of the mediation process, each party will visualize the fact that the opponent, who until that moment was their adversary, has become an ally with whom they can communicate correctly and has made concessions, which will make it easier for the party concerned to also modify its behavior in order to maintain the new situation that benefits everyone.

2.5. Agreement

Finally, in this last stage of the mediation, which is the agreement phase, the mediator must help the parties evaluate the proposals, as well as their pros and cons, until they can decide on one of them. Likewise, must help them to clearly define the agreement , seeking that it be balanced, realistic, concrete, possible and clear, accepted by all, evaluable and that it remain in writing.

The parties have to commit themselves to what they have agreed and they have to sign it . The mediator should be satisfied if the parties have been able to communicate, even if in the end they have not been able to reach concrete agreements or, for some reason, have not wanted to put it in writing with their signature.

Even on those occasions when agreement has been impossible, mediation will have served as training to put in place other types of communication skills, as well as to improve the relationship between people.

Rules in a mediation process

During a mediation, it is necessary to follow a number of basic rules to ensure that the process runs smoothly.

Let’s see 10 rules that all mediation has to comply with :

  • The process must be voluntary on both sides.
  • There must be total and strict confidentiality.
  • The mediator must not judge or make decisions, and must always be neutral and impartial.
  • By guaranteeing impartiality, it ensures that all parties can express themselves with equal time and opportunity.
  • During the mediation process, each party must be respectful, must not interrupt himself or show aggressive behaviour.
  • Agreements must come exclusively from the parties in conflict, and the figure of the mediator is only there to help improve communication and find common ground.
  • The mediator reserves the right to suspend meetings of the mediation process for any misconduct by either party.
  • The mediation process may be terminated if the parties mediated are unable to reach agreement and the dialogue proves ineffective.
  • The mediator will monitor compliance with any commitments and agreements reached by the parties.
  • The mediation process may be terminated if it is deemed to have been delayed by irresponsible conduct on the part of any of the parties to the conflict.

Bibliographic references:

  • Haynes, J.M. (2012). Fundamentals of Family Mediation: A Practical Manual for Mediators Mexico City: Gaia Ediciones