How It Works

How it Works

Mediation is usually initiated by a referral from a court, attorney or other source, or from a self-referral. All it takes is a phone call to the Benton Franklin Dispute Resolution Center to start the process.

An intake worker will speak with you at length to learn the type of dispute, how many people are involved, how long it has been going on, and other important details. The disputants are then contacted by the DRC staff and asked if they would be willing to participate in mediation to resolve the conflict. Being voluntary, the disputants have the right to refuse unless they have been ordered into mediation by a court.

Mediators are assigned to the case and a meeting date set. On arrival, the participants are greeted and brought into the mediation room. The procedures to be followed are carefully explained and their participation requested. If all agree, all sign the Agreement to Mediate.

Confidentiality

The cornerstone of mediation is confidentiality, which is carefully explained. It means that nothing said or disclosed in the mediation can be used against them outside the mediation, with some exceptions. Likewise, the mediators cannot generally be subpoenaed or required to testify about the substance of the mediation session. This creates a safe place for the participants to talk and to make offers they might not otherwise be comfortable making. It facilitates communication that has broken down during the conflict, and allows them to find settlements that work for them.

Confidentiality is the first step in rebuilding the relationship and trust.

Opening Statements

Each party is encouraged to make an opening statement setting forth the issues and what they desire as a settlement. This is their time and is generally uninterrupted. The mediators reflect back the information given to them to make certain that they have the information correct. The mediators may ask some clarifying questions to gain further information.

Each party is also given the opportunity to respond to what they have heard.

Negotiations

Once the opening statements are complete, the mediators and participants will create an agenda of the outstanding issues. This serves as a guide for the remainder of the session.

The mediators then assist the participants in negotiating directly with each other. The mediators may help them "think outside the box" in creating potential solutions, but the mediators do not impose a settlement of any kind. They may ask some difficult questions to make sure the solutions and their consequences have been thought through, but this process belongs to the participants, not the mediators.

Once a settlement agreement is reached it is placed in writing and signed by everyone. Once again, the job of the mediators is to assist in Grafting the settlement but not to impose their ideas.

Once a settlement agreement is reached, the mediation case file is closed. Most DRC mediators destroy their notes at the concluding point of the mediation.

Why Does It Work?

The settlement is theirs. It is not created or imposed by others. The participants created it to settle their dispute, and they own the settlement. It is therefore much more likely to be a lasting settlement than if imposed by a court, hearing officer or arbitrator.

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