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Continuing on with the dependency process, the next step is the settlement conference, or mediation. Mediation is an alternative to trial. At this point, all the parties meet and can possibly agree on how to progress, if everyone cooperates and tries to work toward a solution.
Not everybody has to agree in the beginning, but since there is now more information available about the parties involved, there can be more meaningful discussions of the issues at hand. Any thing that is talked about in mediation is strictly confidential, and many of the discussions will be very emotional. This is because of the nature of the issues. But just because intense emotions are present does not mean the mediation is ineffective.
The process of mediation is a process where a third party assists and facilitates the disputing parties to reach a mutually acceptable resolution to their dispute. The mediator has half the responsibility; the other parties share the second half. Mediation is a process, not an end result. The mediator is mainly concerned with procedure, so that both parties will receive fair and objective treatment. It also allows for the mediator to control unanticipated events or behaviors.
The mediation should flow easily from one step to the next, as outlined below.
The first part of mediation is the introduction. This is where the mediator greets the parties, identifies the parties and themselves, establishes a relaxed atmosphere, and explains the purpose of the mediation and the members’ willingness to participate. The mediator also establishes ground rules, such as: Only one person may speak at a time, and the person speaking must speak to the mediator.
Then we move on to the determination of the problem. The first party speaks and the mediator listens actively. The first party is then thanked for their participation, and the process continues until are parties have spoken. Once all parties have spoken, a problem or problems can be further identified, and alternative solutions (other than a trial) can be discussed. If a solution that is acceptable to both parties is found, then the agreement can be summarized and resolution is accomplished. If not, the next step will be an adjudication, which we will cover next.
