Convening Process

After mediation has been requested by one party to a conflict, the Headquarters Mediation Program Manager will contact the other side to determine whether they agree to mediate.  If they agree to mediate, she will meet separately with each party to discuss and prepare them for the mediation. This private pre-session meeting is required before the mediation is held.  If a party is represented by counsel, the counsel may be present at the pre-session meeting, if the attorney and complainant so choose.  For those participants who may want additional assistance before the mediation, the DOE's Employee Assistance Program is available to provide coaching.

The Mediation Program Manager also selects the mediator, coordinates scheduling and often sits in on the mediation, with the parties’ permission, so that she can provide any necessary follow-up.

The Mediation Process

The mediation will begin with everyone together in a joint session, during which time the mediator will explain the process.  Each side will be asked to review and sign an Agreement to Mediate, and to make a statement regarding the incidents that led to the dispute beginning with the person who requested mediation.  Use the attached Opening Statement form to assist you.

Following the joint session, the mediator will meet with each side privately in a confidential session.  The mediator will use these "private caucuses" to assist that person’s real interests (or needs) and generating options for resolving the dispute.  He/she will help either side assess the strengths and weaknesses of his/her positions.

The mediator may have several private caucuses with each side until he is ready to bring them back together to discuss a possible settlement.

If an agreement is reached, the mediator will draft a settlement agreement.  Each side will sign the document.

If no agreement is reached, both sides may decide to end the mediation, or reconvene at a later date.  Sometimes participants may decide they need more information before making a decision.  They may schedule another mediation session for a time when another person, or additional information, is available.

Your Role During Mediation

Remember that it is most helpful to communicate with the other side by looking at him/her when speaking to her/him and acknowledging that you have heard her/his comments.

Even when you disagree with her/his position, sit calmly and listen to her/his statements.

Try to keep the anxiety level and anger level at a minimum.  Refrain from saying, "I don't know why we are here; this thing will never settle," or from hostile body language.

You can show empathy for the other side's position, by saying something like, "I understand how hard that must have been for you" or "I know you felt badly about being accused of unfair treatment," without agreeing with their position.  It is easier to discuss your differences after you have developed trust.

Refrain from using the "tough" approach.  Remember that both of you are trying to resolve this together.

If you are the one who requested mediation, be prepared to make a short, straightforward opening statement, discussing what happened in chronological sequence.  You can use the attached form.  If you are the respondent, you should also be prepared to briefly state your position.

Negotiation Strategy

1. In preparation for negotiating during mediation, it is useful to consider the following:
2. What are your interests, i.e., what do you really want or need?
3. What do you think the other side really wants or needs?  Try to envision how you would react and what you would want if you were in their situation.
4. What is it realistic to ask for?
5. Identify and list as many creative options to resolve your issues as you can.  Think of what the other person could reasonably do to satisfy your needs, wants and interests.
6. Prioritize the options, allowing room for flexibility.
7. Think of what you could do to satisfy the interests of the other side.
8. If you don't settle this dispute in mediation, what are your other alternatives?
9. Of all those alternatives, which is the best (and most realistic) one?
10. Estimate how long it will take and what it may cost you if you DO NOT resolve this in mediation.
11. Think about that when you consider whether to accept a settlement offer and decide which is better, considering time, cost, uncertainty, stress, etc.
12. If you can't get everything you want, think about what you can live with, in order to get resolution now.