How Does Mediation Work?
What Can I Expect To Happen In The Mediation Session?
The mediation session consists of several steps:
- Introduction - the mediator explains how the mediation will proceed and the mediator’s role. The mediator will also explain confidentiality of the session to you and ask you to sign the Agreement to Mediate form.
- Viewpoint sharing and issue identification - each participant is given an opportunity to explain their concerns.
- Caucus - an opportunity for the mediator to speak privately with each participant or for participants to speak with their advisors.
- Confidentiality - The Mediation Procedures Act protects the confidentiality of all mediation communications. Chapter 11 NMSA (2007 Supp.) The Participants agree only to use information shared during the mediation towards collaborative problem solving and not to talk about what was said during the mediation session. Except as otherwise provided in the Mediation Procedures Act, or by applicable judicial court rules, all mediation communications are confidential, and not subject to disclosure and shall not be used as evidence in any proceeding.
- Generation of options - the mediator will help you move past communication barriers to generate alternatives to resolve your workplace issue.
- Agreement - the goal of mediation is to focus on positive future working relationships. Any agreement reached through mediation must be mutually acceptable and signed by each participant. If you reach an agreement in mediation, the mediator will write it up for you to sign during the session. You will each be given a copy of the agreement. The written agreement is not confidential.
Any agreement you reach in mediation is voluntary. You will not be required to agree to anything unless you want to.
How Long Does Mediation Last?
There is no time limit on the length of the mediation process. However, sessions typically last two hours. The length of the mediation session is governed by the complexity of the issues and the participants’ willingness to reach a mutually satisfactory resolution with the other party.
What is the Role of the Mediator?
Mediators do not determine the outcome of the mediation session and do not act as judge, jury, or arbitrator. As the “process expert,” the mediator helps the participants’ converse efficiently and effectively.
Who Should Attend the Mediation?
The parties agree to participate in the mediation session in good faith. All parties must agree on who will be present in the mediation session prior to the beginning of the session. The parties that are participating in mediation must have authority to settle and resolve issues. Please contact the City Alternative Dispute Resolution Office (ADR) at 505-768-4712 at least 48 hours prior to the mediation session for specific requirements.
How can I prepare for Mediation?
Review the Tips for a Successful Mediation Participation provided by the ADR Office prior to the mediation session.