Participating in mediation is a good way to settle a dispute where both sides are unable to agree on a way forward. A mediator doesn’t offer solutions to your conflict or decide who the ‘winner’ is.  It is the Parties that decide where they are willing to settle to make a legally binding agreement.

However, before deciding to participate in mediation services or if it’s right for your circumstances, you might be curious about what sort of questions you will be asked and what information you should prepare.

In this blog, we’re going to take a look at some of the questions you will likely be asked during mediation and how you can prepare yourself.

Preparing For Mediation

First of all, it’s important to understand what mediation is – and isn’t.

Mediation is not arbitration or a court, these are where the resolution to your dispute is decided by a third party.  A mediator facilitates the communication to help Parties reach a negotiated settlement that they have both agreed.

For mediation to be successful, a mediator needs to clearly understand what the dispute is and how each party feels about the dispute. This means before mediation takes place each party will be asked a lot of questions.

The mediator will speak to both parties together, but mostly in private sessions to examine how they feel about the dispute, what each person feels would be a fair outcome and what would grant them closure. The mediator will help each Party, through active listening and solution-focused questions, to express their point of view, and their feelings around their case, and gain a better understanding of the other Party’s position.

If you are taking part in mediation, whether in the workplace or with a company, you will need to be prepared to answer lots of questions, in confidence, so that your mediator, who will be acting impartially, can clearly understand your circumstances.

Questions You May Be Asked During Mediation

This is a general overview of questions you will be asked during mediation as depending on the nature of the dispute, more specific questions will be asked.

Introduction and dispute background

You will be asked to provide a brief introduction of yourself and your role in this mediation –how you became involved, the circumstances that led to this point, and what your relation is to the other party. You will also be asked for your perspective on the matter that is being disputed.

Concerns and expectations

Your mediator will ask you what outcome or resolution would be ideal for your circumstances. It might be helpful to think in terms of what you want to happen and also what you don’t want to happen. It’s also a good idea to be realistic and consider what the other party may consider a fair outcome too.

At this stage, your mediator will also ask what sort of concerns you have about the mediation process or outcomes. Their answers should help you feel more at ease and like your worries have been listened to and taken into account.

Communication and understanding

You will be asked what current communication is like between yourself and the other party, what they have been like in the past, and what you would like to see going forward. It’s important to be honest. If you aren’t currently communicating with the other party, or there have been conflicts in the past, it’s important to tell your mediator.

You can also communicate any misunderstandings to your mediator. Are there any points you believe the other party has misunderstood or instances where you may not have clearly communicated what you meant?

Previous Attempts at resolution

Your mediator will ask you if any previous attempts have been made outside of mediation to help resolve the issue. You should detail what sort of discussions have already been held, and what the outcomes were.

Here is a further list your mediator is likely to ask you:

  • From your perspective, what is the key issue/s that needs resolving?
  • Are there any underlying matters or issues that might contribute to the current situation?
  • What changes or solutions would you like to see moving forward?
  • Are there specific actions or agreements that would address your concerns?
  • How would you prefer to communicate and collaborate to resolve the dispute? (in person, for example)
  • Are there specific communication styles that you find more effective?
  • Do you have a timeline in mind for resolving the dispute?
  • Are there any time-sensitive contributing issues that need immediate attention?
  • Are you open to considering compromises or alternative solutions?
  • What concessions, if any, are you willing to make to reach an agreement?
  • How do you envision your relationship or interactions with the other party after the mediation?
  • Are there any expectations for ongoing communication or collaboration?
  • Are there any legal or policy constraints that need to be taken into account during mediation?
  • Have you consulted with legal counsel about the dispute?

If some of the questions feel challenging, this does not mean your mediator has taken sides! It’s simply part of the process to find the key to a resolution. It’s important to remember when a mediator is asking you questions that they are a confidential impartial third party and are not there to pass judgment. A mediator is there to listen to both parties and help them find a solution they are happy with.

You should answer questions honestly and you may find it useful to have your facts written down. When you’re trying to get a lot of information across it can get confusing, especially if there are dates, sums of money or other numbers involved.

Rossendale Mediation Services

We hope you found this blog useful and the questions help you start to consider the sort of information you will need to get across during mediation.

If you aren’t in a mediation situation yet and would like to have a chat with us about our services, please feel free to contact us for a friendly chat about your circumstances.