The Mediation Process in Minnesota
While a detailed description of each step is included below, the unique model of your chosen or assigned CMM partner will be reviewed during your personalized mediation intake process. To ensure your comfort and confidence, you are encouraged to ask questions at any time during the intake and mediation processes.
Introductions
Your expertly-trained mediator or team of mediators will welcome you and the other participants to the mediation. They will guide expectations of the session by explaining the purpose, process, mediator’s role, and potential outcomes of your session. Finally, they will detail for you any specific ground rules or help facilitate the development of your own guidelines based on your unique relationship and preferences.
Perspective Sharing
Following introductions, the mediator will invite you and other participants to share a brief background of the disagreement. This is your opportunity to share the key details of your experience for the benefit of not only the mediator, but also others in attendance, who often do not thoroughly know or appreciate your perspective. Similarly, others will have their opportunity to share their experiences, allowing you to hear their perspective and identify meaningful similarities and differences between your respective concerns.
Issue & Interest Identification
The mediator will then shift the conversation to building a list of individual and shared issues and interests. Issues are those purposeful actions, observable behaviors, or measurable transactions that you would like to have occur following the mediation. Interests are the underlying motivations and deeply personal needs you seek to satisfy through the mediation experience and its outcomes. This list may be simple and readily solvable, detailed and daunting, or somewhere in-between. Regardless of its mix, your mediator will help clarify and confirm this list until all participants are ready to begin seeking possible solutions.
Solution Brainstorming
Drawing from your shared list, the mediator will help facilitate an inclusive, productive process of identifying possible solutions. You and your fellow participants are encouraged to get creative during this step; envision the various steps you and others may take to address your disagreement. Once captured, the mediator will then help refine this list by feasibility and your shared preferences.
Agreement Drafting
Finally, in those contexts which a formal agreement is appropriate and requested, the mediator will help draft a clear list of expectations or exchanges to occur following the mediation. This agreement will be as simple or detailed as requested, required, or as otherwise may prove helpful in its subsequent implementation. Copies of these agreements may be shared with you and other participants, kept on file at your mediation provider, and/or filed with any required entity, such as a referring court.