Some mediators apply the same process to every mediation, whereas others will evaluate the conflict and consider the nature of the dispute and the parties involved, and wil craft a formula and/or process specific to the dispute.

Generally the core elements involved in every mediation will include the following events, with some change in sequencing depending on the needs of the parties, and how the mediation unfolds:

1. Opening

Usually the mediator will make an opening statement to the parties welcoming them to the mediation, setting out ground rules, and advising them on the sequence of events that they can expect from that day's mediation. The mediator will also, at that time, clear up any administrative matters, and obtain any outstanding information required before proceeding. If there are numerous parties, and counsel, the mediator may suggest introductions, especially if the parties and/or their counsel have not already have met previously.

2. Uninterrupted Time

Each side will have an uninterrupted opportunity to present their position on the issue ie. 'their side of the story'.

3. Dialogue and Exchange

After each side has had an opportunity to state their position, both sides will likely have comments about the statements made by the other side. This is usually when the parties attempt to set the other side straight on the facts, and when they made demands.

During this time, the mediator will ensure that each side has an opportunity to be heard, and that each side is protected -- guiding the parties towards possible areas for agreement, and assisting participants in thinking about their options.

4. Separate Meetings - Caucusing

Separate meetings, usually referred to as "caucusing", can occur at any time during the mediation. These meetings involve the mediator meeting with each side privately to discuss concerns of the individual party. Information disclosed to the mediator during the private caucus will be information not disclosed to the other side, and will be kept private as between the mediator and the party.

Sometimes the mediator will have a private conversation with one of the parties discussing the option and/or benefits of disclosing information -- the party and mediator might create a way to disclose some information to move the mediation forward, while keeping other more sensitive information private.

4. Setting the Agenda

As information is disclosed, and dialogue moves forward, the mediator will assist the parties in creating an agenda through which to resolve outstanding issues.

5. Building an Agreement

The mediator will assist the parties in working through each issue on the agenda, generating ideas, then weighing, adjusting, and testing the alternatives to create a mutually satisfactory resolution.

6. Writing the Agreement

If the parties are able to settle their differences they may enter into a written agreement or memorandum of understanding at the conclusion of the mediation.

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