My mediation process is based in large part on the Harvard interest based negotiation model. In that model, a specific process is followed in order to help parties discuss conflict, identify the real issues which need to be resolved and agree on solutions which meet both of their needs.

Mediation is a voluntary process. It only works if the two of you genuinely want to resolve the conflict through that process.

My mediation process is "closed". In other words, the discussions which take place during the mediation process cannot later be quoted in court or arbitration documents. Similarly I cannot be called upon to give evidence either at an arbitration hearing or at a court hearing and the notes that I make during the mediation sessions cannot be used in either arbitration or court proceedings.

Closed mediation, as a process, allows for a more open style of communication. It allows you to fully and honestly discuss issues which are the source of conflict and then brainstorm about settlement options without fear that what you propose as a possible solution during a mediation session will be used against you at a later date as evidence of an "agreement" to the proposal that was discussed.

Not every conflict can be resolved through the mediation process. Sometimes people are only able to negotiate an agreement which identifies a further process that they will follow with a view to resolving an issue on a final basis. For example, parents may not be able to work out parenting arrangements for their children, however they may be able to agree on who will prepare a parenting assessment report, who will do therapy with their child or even who they will consult about parenting arrangements.

Steps in the process