Mediation – Process


The Mediation Process in Detail

When Walsh and Associates Mediation Service receives a brief we contact each party to gain an overview of the assignment, review the particular dynamics of each party’s view and propose a schedule of meetings.

Mediation can be structured to take place over about half a day, or several sessions over a period of a week or so, or more sessions over a longer period. A professional Mediator will provide clients with a supportive atmosphere and guide the process so that each party can talk with and inform the other party and vice versa.

Generally the process starts with a joint meeting of both parties followed by private, separate interviews with each party and then a return to a joint session.

At each session, both parties go through the cycle of:

Having an opportunity to present information to the other party without interruption (and vice versa, so that the first party talks first while the second party listens and then the second party talks while the first party listens);

The parties separate and each party meets with the Mediator in private, one after the other;

The parties and the Mediator all meet together again and the first party talks first while the second party listens, and then the second party talks while the first party listens. This is a time when each party has the opportunity to communicate to the other party what they want them to know (which may be, for example, new rules in relation to fenced boundaries, a husband/wife’s perception of the other’s behaviour toward them, one business not being able to communicate with another business about a failed contract: conflicts may include a range of feelings such as rejection, feeling as if they have been ignored, feeling they have been dealt with dishonestly or disrespectfully, and so on);

When each party feels all the relevant information and issues have been declared, options are explored from a ‘no assumptions’ perspective to ensure that all perspectives and all possible resolutions are canvassed.

The Mediator

Explores what goals, needs and wants the parties have in common (almost always more than both parties realise);

  • Explores each party’s options for resolution;
  • Weighs up all the information;
  • Talks about the choices open to both parties;
  • Outlining possible options for each party getting what they want;
  • Examines each party’s options for obtaining what they want;
  • Negotiate with each other to reach decisions that are acceptable to both parties;
  • Assemble a mutually satisfactory written agreement that is better than each party’s best alternative.

Martin Walsh first trained, registered and practised as a Clinical Psychologist then trained (MBA) and worked as Senior Manager and then trained (LEADR) and works as a Mediator: he is very skilled and experienced and skilled in helping others to develop and manage their options.