---
name: mediation-guide
description: |
  Neutral third-party facilitation for conflict resolution. Covers the complete mediation process including opening statements, ground rules establishment, issue identification, option generation, reality testing, agreement drafting, and follow-up procedures across workplace, family, and community contexts. Use when the user asks about mediation guide or needs help with related topics. Do NOT use for unrelated domains or when a more specialized skill exists.
license: Apache-2.0
metadata:
  author: foundry-skills
  version: "1.0.0"
  tags: "writing relationships guide"
  category: "writing"
  subcategory: "business-writing"
  depends: ""
  disclaimer: "none"
  difficulty: "advanced"
---
# Mediation Guide

## When to Use

Use this skill when a user needs substantive, expert guidance on facilitating mediation -- whether they are a first-time mediator, a professional practitioner, an HR manager handling a workplace dispute, a family member attempting to help relatives in conflict, or a community leader navigating a neighborhood dispute.

**Use this skill when:**
- A user asks how to structure or facilitate a mediation session from start to finish, including opening statements, ground rules, and agreement drafting
- A user is preparing to mediate a specific dispute and needs a session plan, talking points, or phase-by-phase guidance tailored to the context (workplace, family, commercial, community)
- A user is experiencing a conflict themselves and wants to propose or prepare for a mediated process, or needs to understand what mediation involves before agreeing to participate
- A user needs help drafting a mediation agreement, a mediator's opening statement, a ground rules document, or a follow-up protocol
- A user asks about specific techniques -- active listening, reframing, caucus management, reality testing, impasse-breaking -- and how to apply them in a live session
- A user needs to assess whether mediation is appropriate for a given situation, and what alternatives exist if it is not
- A user wants to train or practice mediation skills through worked examples, role scripts, or technique drills

**Do NOT use this skill when:**
- The user is asking about arbitration, where a neutral third party renders a binding decision -- arbitration has a distinct legal structure and process (use a legal dispute resolution skill instead)
- The user's dispute involves active domestic violence, credible threats of harm, or a documented power imbalance rooted in abuse -- these require safety planning and trained trauma-informed specialists, not standard mediation facilitation
- The user needs actual legal advice about their rights, the enforceability of a potential agreement, or how a court would view the dispute -- refer to legal counsel and note that mediation agreements have varying legal status depending on jurisdiction and formality
- The situation is a formal grievance or disciplinary process governed by employment law or union contract provisions -- these follow regulated procedures with specific legal requirements
- The user is asking about therapeutic or psychological intervention for trauma, mental health crisis, or addiction -- conflict that originates in clinical conditions requires licensed practitioners, not mediation process design
- The request is purely about negotiation strategy for a single party seeking advantage (use a negotiation tactics or persuasion skill instead)

---

## Process

### Step 1: Establish Context and Assess Appropriateness

Before designing any mediation approach, gather the information required to determine whether mediation is appropriate and how it should be structured.

- Ask about the **nature of the conflict**: Is it primarily about resources (money, time, space), relationship breakdown (trust, communication, respect), process disputes (who decides what), or competing values and identity?
- Determine the **parties involved**: How many people are in conflict? Is this two individuals, a team versus a manager, two departments, a family group, or a community faction? More than three parties significantly increases complexity and may require co-mediation.
- Clarify the **user's role**: Professional mediator preparing a session? HR manager handling a team conflict? Manager mediating between two direct reports? A peer or family member being asked to help? Each role carries different authority, neutrality challenges, and ethical constraints.
- Assess **consent and voluntariness**: Mediation requires genuine voluntary participation. If one or both parties have been coerced into the process, outcomes are rarely durable. Ask whether both parties have been asked separately and whether they understand they can leave.
- Screen for **unsuitability indicators**: Active abuse, extreme duress, one party using mediation purely to delay (litigation tactic), a party who lacks cognitive capacity to participate, or criminal conduct that requires law enforcement. If any of these are present, advise against standard mediation.
- Ask about **prior attempts**: Has direct conversation been tried? A previous mediation? HR involvement? Legal action started? Understanding history prevents repeating failed approaches and reveals what has escalated the conflict.
- Identify the **desired outcome format**: Informal mutual understanding, a written memorandum of understanding, an HR-documented agreement, or a legally binding contract. The formality of the process should match the formality required of the outcome.

---

### Step 2: Design the Pre-Mediation Phase

The pre-mediation phase -- intake and preparation -- is where mediation is won or lost. Skipping it causes avoidable session failures.

- Conduct **separate intake conversations (pre-caucus)** with each party before the joint session. These should last 20-45 minutes. Ask each party: "Tell me about the situation from your perspective," "What have you already tried?" "What would a good outcome look like for you?" and "Is there anything that might prevent you from participating fully and honestly?"
- During intake, actively listen for the distinction between **positions** (what a party says they want) and **interests** (the underlying need or concern that position is meant to satisfy). A party who says "I want her removed from the project" may have the underlying interest "I need to be able to do my work without being undermined." Position-based mediation fails. Interest-based mediation succeeds.
- Map the **BATNA** (Best Alternative To a Negotiated Agreement) and **WATNA** (Worst Alternative) for each party. You don't share these -- you use them privately to understand what zone of possible agreement exists and to reality-test during the session.
- Arrange **logistics deliberately**: Use a neutral location that neither party owns. Seat parties at the same table with the mediator at the head or equidistant on a side. Equal seating signals equal status. Arrange for 2-4 hours minimum; complex cases need full-day scheduling. Remove power symbols (a manager's own conference room is not neutral). Have water, tissues, notepads, and agreement templates ready.
- Assess and plan for **power imbalances**: If one party has organizational, financial, or social power over the other, design the process to counterbalance. Give equal time, call out interruptions immediately, and use private caucus more frequently for the lower-power party so they can speak freely.
- Decide in advance whether to use **co-mediation** (two mediators). Co-mediation is advisable when parties represent groups, when the conflict is high-emotion or high-stakes, or when there are cross-cultural dynamics that one mediator may not be equipped to navigate alone.

---

### Step 3: Deliver the Mediator's Opening Statement

The opening statement sets the tone for the entire session. It should be delivered confidently, warmly, and neutrally. It typically runs 5-10 minutes.

- **Welcome and acknowledge**: Thank both parties for their willingness to participate. Acknowledge that this takes courage. This is not flattery -- it is an accurate recognition that showing up to a facilitated conflict conversation is genuinely difficult.
- **Clarify the mediator's role precisely**: "My role is to help you have a productive conversation and explore options you might not reach on your own. I am not here to judge who is right or wrong, to take sides, or to tell you what to do. You will decide any outcomes." This prevents the most common early mistake -- parties treating the mediator as an authority figure or judge.
- **Describe the process**: Explain each phase briefly -- each party will share their perspective without interruption, you will identify the key issues together, you will generate options, and if agreement is reached, you will document it clearly.
- **State confidentiality terms**: "What is said here stays here, unless you both agree otherwise. The exceptions -- which I am legally required to disclose -- are threats of serious harm to self or others, child abuse, and any disclosures that are legally mandated in this jurisdiction."
- **Establish ground rules and get explicit agreement**: Do not read rules at parties -- co-create them or propose and ask for consent to each one. Get a verbal "yes" from each party. Common rules: one person speaks at a time; speak respectfully (no insults, no threats); use "I" statements rather than characterizations of the other person; keep phones silent; either party may request a break at any time; either party may end mediation at any time.
- **Invite questions** before proceeding to ensure both parties understand the process and their rights. Confusion about the process creates resistance later.

---

### Step 4: Facilitate Storytelling and Issue Identification

This phase generates the raw material of the mediation. Each party needs to feel genuinely heard before they can genuinely listen to the other.

- Invite each party to share their perspective **without interruption**, typically 5-15 minutes each. Choose who speaks first deliberately -- the lower-power party often benefits from going second (they can respond rather than be on defense), but this is context-dependent. Ask the other party to listen without preparing a rebuttal.
- While listening, **take structured notes** in three columns: Facts (what happened), Feelings (emotional content), Interests (what matters and why). This allows you to craft accurate summaries and identify overlap.
- After each party speaks, **reflect and validate** without agreeing: "Let me make sure I understand you. You're saying [factual summary]. It sounds like you feel [emotion] because [underlying concern or value]. Did I capture that accurately?" Validation is not agreement -- it is confirmation that you heard correctly.
- **Identify and name issues neutrally** after both parties have spoken. Write issues on a whiteboard or large paper visible to both. Translate each party's language into neutral, interest-based framing. "She always takes credit for my work" becomes "Recognition for individual contributions." "He never listens to my input" becomes "Collaborative decision-making processes." Parties will often be surprised to see their own language cleaned of accusation -- this itself shifts the mood.
- Check the **issue list for completeness**: "Have I captured everything that needs to be on the table?" Let parties add items. Then ask them to prioritize: "Which of these is most important to address first?" Start with a moderately important issue -- not the most charged (too early for that) and not trivial (feels dismissive).
- Look explicitly for **shared interests**: Areas where both parties want the same thing at a deeper level, even if their surface positions seem opposed. "You both want the project to succeed" or "You both want to have a functional working relationship" are powerful anchors to reference throughout. State them explicitly.

---

### Step 5: Generate Options and Use Caucus Strategically

Option generation is the creative heart of mediation. The goal is to move from positions to possibilities.

- **Establish brainstorming norms before starting**: All ideas go on the board. No evaluation, criticism, or rejection during generation. Even half-baked ideas belong on the list -- they often spark workable hybrids. This is the same technique as organizational brainstorming but applied to conflict resolution.
- Use **interest-based facilitation questions** to unlock options: "Given that you both care about [shared interest], what arrangements might honor that?" / "What has worked for either of you in similar situations before?" / "If you could design the ideal arrangement from scratch, what would it look like -- even if it seems unrealistic?" / "What's the smallest change that would make a meaningful difference?"
- After generating 10-20 options, evaluate together: Which options address the core interests of both parties? Which are practically feasible? Which can be combined or modified? Narrow to 3-5 strong candidates.
- Use **caucus (private sessions)** strategically -- not as a default, but when: parties are escalating and cannot hear each other; someone appears unable to speak freely in joint session; a position seems unreasonable and needs private reality-testing; a party is showing signs of fear, shutdown, or coercion; or a private disclosure is needed. Allocate **equal private time to each party** (typically 10-15 minutes each). Make clear that content is confidential unless the party gives explicit permission to share.
- During caucus, ask the questions that cannot be asked in joint session: "Is there anything you haven't been able to say in there?" / "What do you really need -- underneath the position you've been stating?" / "What are you most afraid of?" / "What would it take for you to feel okay about an agreement?" These questions surface the emotional and interest layer that often unlocks agreement.
- Before ending caucus, always ask: **"Is there anything from our conversation you'd like me to bring back to the joint session?"** Only share with explicit permission.

---

### Step 6: Reality Test Proposed Agreements

Agreement language that sounds good in the room often fails in real life. Reality testing prevents agreements that collapse within two weeks.

- Apply **implementation testing**: Walk each party through Monday morning under the proposed arrangement. "Walk me through how this would actually work on a Tuesday when you're both under deadline. Who does what first? What does [other party] do? What happens if they don't?" This reveals unexamined assumptions.
- Test for **durability**: "Can you both live with this arrangement six months from now?" / "What circumstances might arise that could make this hard to keep?" If parties cannot answer these questions, the agreement is not ready.
- Test for **fairness perception**: "If your positions were reversed -- if you were in [other party's] situation -- would this feel fair?" Parties who feel an agreement is unfair will not sustain it.
- Apply **BATNA reality testing** gently when a party is holding an unreasonable position or expecting an outcome the other party clearly cannot provide: "If this mediation doesn't produce an agreement, what happens next for you?" Let the party do the calculation. This is most powerful in private caucus. Do not threaten -- ask.
- Identify **contingency provisions**: Every agreement needs a plan for what happens when circumstances change or the agreement is harder to keep than expected. "What happens if the schedule changes?" / "How will you communicate if one of you finds the arrangement isn't working?"
- Build in a **review mechanism**: "Let's agree that you'll check in with each other [or with me] at 2 weeks and 4 weeks to see how the agreement is working in practice and make adjustments if needed." Built-in review removes the psychological weight of the agreement being permanent and encourages early course-correction.

---

### Step 7: Draft and Finalize the Agreement

A verbal agreement without documentation is fragile. A written agreement -- even informal -- dramatically increases compliance.

- Write the agreement in **plain, specific language** that both parties can read and understand without explanation. Avoid legalese unless the agreement is legally binding and has been reviewed by counsel. Every term must be specific enough that a stranger reading it would know exactly what each party is required to do.
- Follow the **SMART framework** for each commitment: Specific (not "communicate better" but "meet weekly for 30 minutes on Thursdays at 10 AM"), Measurable (a third party could observe compliance), Agreed (both parties chose it), Realistic (genuinely achievable), and Time-bound (has a start date and review date).
- Use **positive framing**: "Party A will submit the draft by Friday at 5 PM" rather than "Party A will not miss deadlines." Positive commitments are psychologically easier to sustain and harder to dispute.
- Include: date of agreement; full names of parties; brief factual description of the dispute; each specific commitment (who does what, by when, measurable criteria); contingency provisions; review date and mechanism; signatures of both parties; signature of mediator as facilitator (not as a party or guarantor).
- **Read the entire agreement aloud** to both parties before signing. Ask: "Does this accurately reflect what you've agreed to?" Verbal confirmation before signing catches misunderstandings at the lowest cost.
- For higher-stakes agreements -- divorce settlements, business separations, community governance -- advise both parties to have the document reviewed by independent legal counsel before signing. A mediation agreement reviewed by attorneys is far more likely to hold.

---

### Step 8: Close and Plan Follow-Up

The closing is not administrative -- it is a final phase of the process with its own purpose and technique.

- **Acknowledge the work genuinely**: "You both engaged in a genuinely difficult conversation and found a path forward. That took real effort from both of you." This is not generic praise -- it reinforces the parties' sense of agency and ownership over the outcome.
- **Summarize the agreement** concisely and confirm one final time that both parties feel it accurately reflects their understanding.
- **Distribute copies** immediately. Each party leaves with their own signed copy. In workplace settings, a copy may also go to HR depending on the agreement's terms. In legally binding contexts, retention protocols apply.
- **Schedule follow-up contact**: Ideally contact each party at 2 weeks and 6 weeks post-session. Ask: "How is the agreement working in practice?" "Is there anything that has been harder than expected?" Early identification of compliance problems allows modification before breach becomes the norm.
- **Provide referrals** where appropriate: If the session surfaced issues that mediation cannot address alone -- a party showing signs of depression, an underlying substance issue, a need for legal advice -- provide referrals without treating this as a failure of the mediation.
- Document the session for your own records (separate from the parties' agreement): what issues were addressed, the process used, what was not resolved, and any concerns about party safety or implementation. This is your professional record.

---

## Output Format

When delivering mediation guidance, use the following structured format. Adapt sections based on whether the user needs a full session guide, a specific phase deep-dive, or a single document (agreement, opening statement, ground rules).

---

```
MEDIATION GUIDANCE DOCUMENT

CONTEXT ASSESSMENT
------------------
Conflict Type:        [Workplace / Family / Commercial / Community / Other]
Parties:              [Number of parties, their relationship]
User's Role:          [Mediator / HR / Manager / Peer Facilitator]
Consent Status:       [Voluntary / Pressured / Unknown -- action recommended]
Appropriateness:      [Suitable / Conditional (see notes) / Not recommended (reason)]
Prior Attempts:       [What has been tried, with outcomes]
Desired Output:       [Informal understanding / Written MOU / Legally binding]

PRE-MEDIATION CHECKLIST
-----------------------
[ ] Separate intake completed with Party 1
[ ] Separate intake completed with Party 2
[ ] Safety screening completed
[ ] Power imbalance assessed and accommodation planned
[ ] Logistics confirmed (neutral location, timing, materials)
[ ] Confidentiality scope defined
[ ] Agreement template prepared

PHASE-BY-PHASE SESSION PLAN
----------------------------
Phase 1 -- Pre-Mediation:    [Intake questions, appropriateness decision, logistics]
Phase 2 -- Opening:          [Mediator's opening statement draft, ground rules list]
Phase 3 -- Storytelling:     [Structure, key listening targets, reframing targets identified]
Phase 4 -- Issue ID:         [Anticipated issues, neutral reframes, shared interests]
Phase 5 -- Option Generation:[Brainstorming facilitation questions, caucus trigger conditions]
Phase 6 -- Reality Testing:  [Specific testing questions for this context]
Phase 7 -- Agreement Draft:  [Full agreement text with SMART commitments]
Phase 8 -- Closing:          [Closing language, follow-up schedule, referral notes]

KEY TECHNIQUES FOR THIS CONTEXT
--------------------------------
[Table of specific techniques relevant to the conflict type]

| Technique          | When to Apply                         | Example Language                              |
|--------------------|---------------------------------------|-----------------------------------------------|
| Reframing          | Accusatory or positional statements   | "[Accusation]" becomes "[Interest statement]" |
| Caucus             | Escalation, shutdown, free-speech need| "Let me meet with each of you briefly..."     |
| Reality Testing    | Agreement seems unworkable            | "Walk me through Monday morning..."           |
| Normalizing        | High shame or blame content           | "Many people in this situation feel..."       |
| Impasse-Breaking   | Parties stuck on single issue         | "Set that aside for now -- let's look at..."  |

AGREEMENT TEMPLATE
------------------
MEDIATION AGREEMENT
Date: ___________
Parties: [Full names]
Facilitated by: [Mediator name and role]

Background: The parties entered this mediation to address [brief neutral description].

The parties have reached the following agreements:

1. [Party A] will [specific action] by [specific date/frequency] [measurable criteria].
2. [Party B] will [specific action] by [specific date/frequency] [measurable criteria].
3. Both parties will [joint commitment].
4. If circumstances change, the parties will [contingency process].
5. The parties will review this agreement on [date] to assess whether it is working.

Signatures:
Party A: _____________________ Date: _______
Party B: _____________________ Date: _______
Facilitator: _________________ Date: _______

FOLLOW-UP PLAN
--------------
Week 2 Check-In:   [Method, questions to ask]
Week 6 Check-In:   [Method, criteria for success]
Modification Protocol: [How parties may seek amendment]
Escalation Protocol:   [What happens if agreement breaks down]
```

---

## Rules

1. **Never take sides, even implicitly.** Watch for subtle bias signals: spending more time with one party, summarizing one perspective more sympathetically, using one party's language in your framing, nodding or reacting nonverbally to one party's points. Neutrality is not passive -- it is an active, continuous discipline. If you notice yourself favoring one party, name it internally and correct.

2. **Separate positions from interests before any option generation.** If you move to brainstorming solutions while parties are still arguing positions, you will get positional compromises -- solutions neither party owns emotionally and both will resist. The mediator's job is to decode "I want full custody" into "I need to be a present and involved parent" before any option is viable.

3. **Never draft an agreement for parties -- facilitate them drafting it.** An agreement the mediator wrote is the mediator's agreement. An agreement the parties constructed in their own words, with the mediator serving as scribe and clarifier, belongs to the parties. Ownership predicts compliance. Ask "How would you like to phrase that?" rather than offering language.

4. **Silence is a tool, not a failure.** Many mediators fill silence because it feels uncomfortable. Resist this. Silence after a question gives parties space to go deeper, think carefully, or access emotion they might otherwise defend against. Count to 10 internally before intervening in a silence. The best material often comes from the 8-second mark.

5. **Confidentiality has explicit exceptions -- state them precisely at the opening.** In most jurisdictions and contexts, mediators are obligated to disclose to relevant authorities: credible threats of serious harm to identifiable persons, child abuse or neglect, and elder abuse. Failure to name these exceptions in advance and then invoking them if they arise will feel like a betrayal. Stating them upfront normalizes them and preserves trust.

6. **Power imbalances require active counterbalancing, not passive neutrality.** If a VP is mediating with a junior employee, "equal treatment" in a procedural sense is not neutral -- it reproduces the power imbalance. Actively equalize: give the lower-power party more caucus time, challenge interruptions from the higher-power party more quickly, and be attentive to whether the lower-power party is agreeing out of fear rather than genuine consent.

7. **The agreement must be specific enough to survive the absence of the mediator.** Vague commitments ("we'll communicate better") are pseudo-agreements. They feel good in the room and collapse within days. Every commitment must specify who, does what, by when, how often, and what constitutes compliance. Test every line: "If I were not here and something went wrong, would this sentence tell you clearly what was supposed to happen?"

8. **Never mediate disputes involving active abuse or credible coercion.** Mediation assumes roughly equal standing, voluntary participation, and the ability to speak freely. In domestic violence, elder abuse, or workplace harassment contexts, mediation can cause harm: it may re-expose victims to abusers in a controlled setting that feels deceptively safe, it may produce agreements that favor the more powerful party under duress, and it may delay protective legal intervention. Screen at intake, every time, for every case.

9. **Reality-test in caucus, not joint session, whenever a party's position seems disconnected from their actual BATNA.** Publicly reality-testing an unreasonable position can embarrass and entrench a party. Privately asking "Help me understand how you see this working if we don't reach agreement -- what happens for you next?" allows the same cognitive work without creating a defensive audience reaction. Always protect each party's dignity in the joint room.

10. **Do not mediate disputes where you have a personal conflict of interest.** If you know either party, have a stake in the outcome, have prior knowledge of the dispute from one perspective, or feel strong personal reactions to the subject matter -- disclose and consider referring to another mediator. The ethical principle of neutrality requires structural independence, not just a feeling of being fair. When in doubt, disclose to both parties and let them decide together whether to proceed with you.

---

## Edge Cases

### One Party Uses Mediation as a Delay Tactic

This occurs most commonly in legal contexts where one party engages in mediation to delay litigation, gather information about the opposing party's position, or appear cooperative without any genuine intention of reaching agreement. Signs include: refusing to share relevant information that they clearly have, offering implausible positions consistently, stonewalling on every issue, or volunteering to mediate only after requesting it themselves as a procedural move.

Handling: In pre-mediation intake, ask directly: "What brings you to mediation at this point?" and "What would a good outcome look like for you?" A party with no genuine interest in agreement typically cannot answer the second question specifically. In session, use caucus to probe: "Is there something that's making it hard for you to engage with the options on the table?" If the pattern is clear and persistent, it is appropriate to name the impasse at a meta level: "We seem to be stuck in a pattern where no options are getting traction. Is mediation the right process for you right now?" Sometimes naming the pattern is enough to shift it. If not, mediation should end -- forcing continuation serves no one.

---

### A Party Discloses New Information That Changes the Nature of the Dispute

Occasionally, in the middle of a mediation session -- often during caucus -- a party discloses information that fundamentally reframes the conflict. Examples: a party discloses they have been experiencing harassment that led to the behavior they are being criticized for; a financial dispute turns out to involve hidden accounts; a custody dispute reveals that one party has been experiencing a health crisis.

Handling: First, do not share confidential disclosures without permission. Second, assess whether the disclosure changes the appropriateness of mediation (for example, if harassment is disclosed, the mediation may need to pause and HR or legal counsel may need to be involved). Third, if the disclosure creates a changed factual landscape but does not make mediation inappropriate, use caucus to help the disclosing party decide what to share with the other party and how. Coach them: "This information might be important for the other party to understand your perspective. How do you feel about sharing it, and how would you want to present it?"

---

### Cultural or Religious Values Are Central to the Conflict

Many conflicts -- particularly family mediations, community disputes, and cross-cultural workplace disagreements -- are not primarily about resources or logistics but about differing values systems, cultural norms, or religious beliefs. Standard Western interest-based mediation frameworks can fail or offend when applied without cultural awareness.

Handling: In pre-mediation intake, ask directly about whether cultural, religious, or community norms are relevant. Do not assume what a cultural framework means -- ask. In session, use normalizing language without privileging either value system. Distinguish between **values** (which are not negotiable and should not be asked to change) and **behaviors or arrangements** (which are more negotiable). A family mediation over elder care arrangements between a adult child following individualist cultural norms and a parent from a collectivist tradition is not a resource dispute -- it is a values dialogue. Reframe from "who is right" to "what arrangements can honor both sets of values." Consider using a cultural co-mediator if available.

---

### Parties Reach Agreement on Most Issues But Are Intractably Stuck on One

This is one of the most common mediation scenarios: 80% of the issues are resolved, there is goodwill and momentum, but one issue -- sometimes the smallest in practical terms -- becomes symbolic and parties cannot move. Common examples: a single piece of furniture in a divorce; a specific title or public acknowledgment in a workplace dispute; a precedent question in a community conflict.

Handling: First, acknowledge the accomplishment explicitly: "You've already reached agreement on [X, Y, Z] -- that's significant progress and that agreement can be documented regardless of this remaining issue." This separates the partial agreement from the stuck point and reduces the stakes. Second, apply the "set it aside" technique: "Let's set this one aside for now, document what you've agreed on, and come back to this last item after a break." The psychological relief of having agreements in hand often loosens the stuck issue. Third, explore what the stuck issue symbolizes: in private caucus, ask "Help me understand why this particular point matters so much to you." Often the answer reveals an interest that can be addressed another way. Fourth, offer a structured contingency: "What if we agreed that [Option A] applies for the next 90 days, and if that doesn't work, you revisit specifically that point?" A time-limited trial reduces the permanence that makes some positions feel impossible to concede.

---

### A Party Becomes Emotionally Dysregulated Mid-Session

Crying, shouting, walking toward the other party, threatening to leave, or complete emotional shutdown are all forms of dysregulation that can derail a session if not managed skillfully. These are normal human responses to high-stakes conflict -- not signs of bad faith.

Handling: Call a break immediately and calmly without making it about the dysregulated party: "Let's take 10 minutes." This normalizes the break and prevents shame. Meet separately with the dysregulated party. Acknowledge the emotion directly without minimizing it: "I can see this is hitting something really significant for you." Do not try to logic them out of the emotion. Ask: "What do you need right now to be able to continue?" Some parties need reassurance about safety; others need a practical task (walking, water, calling a support person). If the party discloses fear of the other party, escalate to the appropriateness review -- this session may need to end. If the party is ready to return after the break, privately coach them: "Is there something from this break that you'd like to bring back into the room, or would you prefer to continue with where we were?" Resume slowly, with a normalizing statement to both parties: "Strong emotions are a sign that this matters -- that's actually useful information."

---

### The Mediation Produces No Agreement

Impasse is a legitimate outcome of mediation. Approximately 20-30% of mediations do not produce a full agreement, and forcing a false agreement is worse than none. A party who signs under pressure or exhaustion will not comply and may feel manipulated.

Handling: Name the impasse without blame: "It sounds like we haven't been able to find a path that works for both of you today. That happens -- it doesn't mean the conversation has been wasted." Identify and document any **partial agreements** -- individual issues where alignment was reached even if the overall dispute is not resolved. These have real value and can be built on. Ask both parties: "What has been useful about this process, even if we haven't reached full agreement?" This question is not rhetorical -- it surfaces learning and sometimes re-opens possibility. Provide clear next steps: if mediation fails, what are the alternatives? For workplace disputes: HR formal process or employment law. For family: family court or collaborative law. For commercial: arbitration or litigation. Offer to resume mediation at a later date if both parties are willing -- impasse today does not mean impasse permanently.

---

### The Mediator is Asked for Their Opinion or Recommendation

This happens in almost every mediation, especially when parties trust the mediator and feel stuck: "What do you think we should do?" or "Don't you think [Party A] is being unreasonable?" It is tempting to answer, especially when one party clearly does have a more reasonable position.

Handling: Decline to offer an opinion on the merits -- but not with a bureaucratic dodge. Explain the reason: "My opinion would shift this from your agreement to my advice, and you're the ones who have to live with whatever you decide -- so your judgment matters more than mine here." Then redirect: "What I can do is help you think through what a workable arrangement would look like. What's most important to you about this?" If a party asks about norms ("Is it typical for someone in this situation to expect X?"), you may offer factual context without recommending: "In many workplace agreements I've seen, notice periods range from [X to Y] -- but what's standard elsewhere matters less than what works for your specific situation."

---

## Example

### Input

"I'm an HR manager. Two employees on a 6-person product team -- a senior developer named Marcus and a project manager named Priya -- have been in open conflict for three months. Marcus says Priya micromanages his work and undermines his technical expertise in front of the team. Priya says Marcus ignores deadlines, refuses to provide status updates, and makes the whole team look bad. The conflict has disrupted two team meetings this month and other team members have complained to me. Both Marcus and Priya have agreed to participate. Neither reports to the other -- both report to the same director, who is not involved in this mediation. I need to facilitate a session next Wednesday and I want a full session plan, specific language for my opening, the ground rules I should use, an issue identification framework, and a draft agreement template."

---

### Output

```
MEDIATION GUIDANCE DOCUMENT -- MARCUS AND PRIYA DISPUTE

CONTEXT ASSESSMENT
------------------
Conflict Type:        Workplace -- interpersonal, peer-level, cross-functional
Parties:              Two individuals: Marcus (senior developer), Priya (project manager)
User's Role:          HR Manager as mediator (note: organizational rather than independent mediator)
Consent Status:       Both parties have voluntarily agreed to participate -- good foundation
Appropriateness:      Suitable. Peer relationship, no reported abuse, organizational stakes are
                      high (team disruption), and both parties have a continuing working
                      relationship that makes resolution essential rather than optional.
Prior Attempts:       Open conflict over 3 months; two disrupted team meetings. No prior
                      mediation. HR involvement now is appropriate timing.
Desired Output:       Written HR-documented agreement, both parties sign, copy to file.

HR MEDIATOR NOTE: As an HR manager, your neutrality will be questioned by both parties --
Marcus or Priya may assume you "side with" the organization or the other party. Disclose
at the opening that you are acting as a neutral facilitator for this process, not as an
investigator or decision-maker. If either party has a pending complaint against the other,
determine before the session whether it needs to be handled separately from this mediation.
```

---

**PRE-MEDIATION INTAKE -- CONDUCT SEPARATELY BEFORE WEDNESDAY**

For each party, conduct a 20-30 minute private intake. Below are the key questions with rationale:

| Question | Purpose |
|----------|---------|
| "Tell me what's been happening from your perspective." | Surface their frame without leading |
| "How long has this been difficult, and was there a specific incident that started it?" | Identify origin events vs. pattern complaints |
| "What have you already tried to improve the situation?" | Identify what's failed and why |
| "What would a good working relationship with [Marcus/Priya] look like for you?" | Surface interest under position |
| "What are you most concerned about in this mediation?" | Surface fears and resistance |
| "Is there anything about this situation that you haven't felt safe saying directly?" | Screen for coercion or harassment |
| "Are you comfortable participating in a joint session?" | Confirm genuine voluntariness |

**Predicted interests based on stated positions:**

Marcus's stated position: "Priya micromanages and undermines my expertise."
Likely underlying interests: Professional autonomy, respect for technical judgment, recognition of expertise, trust from colleagues, not being publicly corrected.

Priya's stated position: "Marcus ignores deadlines and doesn't provide updates."
Likely underlying interests: Reliable information flow for planning, team accountability, her credibility as PM to the broader organization, clear expectations about deliverables.

Note the overlap: both likely want the project to succeed and want to be respected in their roles. These shared interests are your anchor.

---

**LOGISTICS FOR WEDNESDAY**

- Book a neutral conference room (not the team's usual space, and not HR's office -- too formal/investigative)
- Block 3 hours minimum (this conflict has 3 months of history -- it will not resolve quickly)
- Seat Marcus and Priya across from each other at a round or rectangular table; you sit at the head equidistant
- Materials: whiteboard or large paper pad (for writing issues visibly), notepads and pens for each party, water, tissues available but not prominently displayed
- Silence your own devices; ask both parties to do the same at the opening
- Have the agreement template ready but not visible at the start

---

**MEDIATOR'S OPENING STATEMENT -- Full Script**

"Thank you both for coming in today. I know this hasn't been easy, and I genuinely appreciate that you've both agreed to try this process.

Before we begin, I want to be clear about my role today. I'm here as a neutral facilitator -- not as an investigator, not as HR enforcing a policy, and not as a judge deciding who's right. My job is to help you have a productive conversation that you might not be able to have on your own, and to help you find a way to work together that actually works for both of you.

You are going to decide any outcome today. I'm not going to tell you what to do, and nothing that gets agreed to here will happen without both of your consent.

Here's how today will work: First, each of you will have uninterrupted time to share your perspective on the situation -- I'll ask the other person to simply listen during that time, not respond yet. Then I'll summarize what I've heard, and we'll work together to identify the key issues. From there, we'll explore options, and if we reach agreements, we'll write them down clearly.

A word on confidentiality: what's said in this room stays in this room. I will not report the content of our conversation to your director or to the broader HR file, except for one thing -- if we reach an agreement, both of you will sign it and a copy will go into file, because that agreement is yours and deserves a record. The exception to confidentiality -- and I'm required to tell you this -- is if anyone says something that suggests serious risk of harm. In that case, I'm obligated to act on it. Does that make sense?

Now, I'd like to go through some ground rules that I'll ask both of you to agree to. These aren't meant to be restrictive -- they're meant to make this conversation actually productive.

One: one person speaks at a time. No interrupting.
Two: speak respectfully. No insults, no threats, no personal attacks. If something lands wrong, I'll name it.
Three: use 'I' statements. Speak from your own experience rather than characterizing what the other person 'always' or 'never' does.
Four: focus on what you need going forward, not just what's happened in the past.
Five: either of you can ask for a break at any time -- just say 'I need a minute' and we'll stop.
Six: either of you can end this process at any time. Participation is voluntary.
Seven: phones silenced for the duration.

Marcus, can you agree to those ground rules for today?
[Pause for response]
Priya, same question -- can you agree to these?
[Pause for response]

Great. Let's start. Marcus, I'd like to invite you to share your perspective first -- about 5 to 10 minutes, whatever you need. Priya, I'll ask you to simply listen right now -- you'll have full, uninterrupted time after Marcus finishes. Marcus, go ahead."

---

**PHASE 3 -- STORYTELLING: LISTENING TARGETS**

While each party speaks, track in three columns:

| Facts (What happened) | Feelings (Emotion expressed) | Interests (What matters underneath) |
|-----------------------|------------------------------|--------------------------------------|
| Note specific incidents | Note emotional language | Note what's driving the position |
| Look for timeline | Note what they emphasize | Look for values, needs, fears |
| Note what is disputed | Note what activates the most heat | Look for overlap with other party |

**Post-storytelling reflection for Marcus (example):**
"Let me make sure I understand you. You're saying that when Priya weighs in on technical decisions in front of the team, it feels like your expertise isn't being trusted, and that when deadlines come with very specific step-by-step check-in requirements, it feels like micromanagement rather than collaboration. You've found that frustrating and it's affecting how you feel about the project. Is that accurate?"

**Post-storytelling reflection for Priya (example):**
"Let me make sure I understand you. You're saying that when you don't receive status updates on Marcus's tasks until close to a deadline -- or after one is missed -- it puts the whole project schedule at risk, and it puts you in a position of having to explain delays to stakeholders without information. That feels unfair and professionally damaging to you. Is that right?"

---

**PHASE 4 -- ISSUE IDENTIFICATION**

Write these on the whiteboard, visible to both parties. These are neutral framings of the conflict -- not either party's words:

1. Communication norms and frequency -- what information flows between Marcus and Priya, when, and how
2. Decision-making process -- when and how technical decisions are made, and who has input at what stage
3. Professional respect in team settings -- how each party represents the other's work and competence to the team
4. Deadline and planning expectations -- what constitutes adequate notice and accountability for deliverables
5. Roles and boundaries -- where project management responsibility ends and technical autonomy begins

**After writing:** "Have I captured the main issues? Is there anything missing that needs to be on the table?" Allow additions.

**Shared interest to state explicitly:** "I want to name something I've heard from both of you: you both care about the project succeeding, and you both care about being seen as competent professionals by the team. Those are things you share. Let's keep that in mind as we work through the issues."

**Priority question:** "Which of these feels most important to address first?"
(Likely: communication norms or roles and boundaries -- these are the practical root of most of the tension. Start there.)

---

**PHASE 5 -- OPTION GENERATION: FACILITATION QUESTIONS**

After identifying the priority issue (likely communication frequency and format):

"Let's generate as many ideas as possible for how communication between you two could work. No evaluation yet -- just possibilities. What are some ways you've seen status updates work well in other projects or teams?"

"If you could design the ideal information flow -- what would Marcus know that Priya needs to know, and how would it get to her, without either of you feeling burdened?"

"You both seem to agree that last-minute surprises aren't working. What's the earliest point in the process where things could go differently?"

"What would need to be true for Marcus to feel like update requests were collaborative rather than surveillance?"

"What would need to be true for Priya to feel confident that she had enough information to manage the timeline without having to ask?"

**Caucus trigger conditions for this dispute:**
- If Marcus appears to shut down or give short, closed answers in joint session (possible if he experiences the room as a performance review)
- If Priya becomes tearful or defensive about her PM role being questioned
- If either party says something that sounds like they've already decided this won't work
- To reality-test any agreement where one party seems to be agreeing to placate rather than genuinely commit

---

**PHASE 6 -- REALITY TESTING QUESTIONS**

For any proposed communication agreement:
"Walk me through next Tuesday. Marcus, you're working on [a feature]. Priya, you're preparing for a stakeholder update on Thursday. Under this arrangement -- what actually happens? Who does what, when?"

"What happens in a week where Marcus runs into a technical blocker that affects the timeline? Under this agreement, how does Priya find out, and when?"

"Marcus, if Priya sends you a check-in message on a day you're in deep focus work, what happens?"

"Priya, if you receive an update that's less detailed than you'd like, what's your move under this agreement?"

For the team meeting respect issue:
"Next team meeting, if a technical question comes up about Marcus's work area -- Priya, under our agreement, what do you do? Marcus, if you hear Priya answer a technical question, what's your response process?"

---

**DRAFT AGREEMENT TEMPLATE**

```
MEDIATION AGREEMENT
Date: [Wednesday's date]
Parties: Marcus [Last Name], Senior Developer; Priya [Last Name], Project Manager
Facilitated by: [HR Manager Name], HR Manager, acting as neutral facilitator
Team: [Product Team Name]

Background: Marcus and Priya participated in a voluntary mediation session to
address communication and collaboration difficulties that had affected their
working relationship and team functioning. This agreement reflects their own
decisions and commitments.

AGREEMENTS:

1. STATUS UPDATES
   Marcus will provide Priya with a written status update on his active tasks
   every Tuesday by 12 PM, using the team's existing project tracking system.
   The update will include: current status (on track / at risk / blocked),
   estimated completion date, and any blockers that affect the timeline.

2. EARLY ESCALATION
   If Marcus identifies a risk that will cause a deliverable to miss its
   deadline by more than 2 business days, he will notify Priya within 24 hours
   of identifying the risk -- not at the deadline. This applies regardless of
   whether a solution has been found yet.

3. TECHNICAL DECISION-MAKING
   For decisions that affect only the technical implementation (how something
   is built), Marcus has decision authority and will document the decision in
   the project log. For decisions that affect scope, timeline, or stakeholder
   commitments, Marcus and Priya will discuss before a decision is finalized.
   Either party may initiate this conversation.

4. TEAM MEETING CONDUCT
   In team meetings, if a question arises about technical implementation,
   Priya will direct the question to Marcus rather than answer on his behalf.
   Marcus will answer technical questions in team settings without requiring
   follow-up justification from Priya in the same meeting. Either party who
   feels a boundary was crossed in a meeting will raise it privately with the
   other party within 24 hours rather than addressing it in the team setting.

5. REVIEW MECHANISM
   Marcus and Priya will meet privately (without HR) for 30 minutes on
   [date 4 weeks from Wednesday] to discuss how these agreements are working
   in practice. If either party finds a specific term is not working, they
   will bring a proposed modification to that meeting. If they cannot resolve
   a modification, either may request a follow-up session with [HR Manager].

6. CONFIDENTIALITY OF THIS PROCESS
   The content of today's conversation will remain between Marcus, Priya, and
   [HR Manager]. The existence of this agreement and its terms will be noted
   in HR file. Nothing from today's session will be used in performance
   reviews or disciplinary proceedings, except in the event that a term of
   this agreement itself becomes relevant to a subsequent HR matter.

Signatures:
Marcus [Last Name]: _______________________ Date: ___________
Priya [Last Name]:  _______________________ Date: ___________
Facilitated by:     _______________________ Date: ___________
```

---

**FOLLOW-UP PLAN**

| Timing | Action | Method |
|--------|--------|--------|
| Day 3 post-session | Brief individual check-in with each party | Informal hallway conversation or brief email: "How are things?" |
| Week 2 | Individual check-in | 10-minute scheduled conversation with each: "How is the agreement working in practice?" |
| Week 4 | Joint review (as per agreement) | Marcus and Priya meet alone per agreement terms; you are available if needed |
| Week 6 | HR check-in | Brief individual conversations: "Any issues since the review?" |
| If agreement breaks down | Either party contacts HR | HR schedules a modification session or escalates to director if agreement has materially failed |

**What success looks like at 6 weeks:** No further team meeting disruptions; both parties report the communication structure is working or have modified it with consent; neither party has filed a formal complaint about the other. The goal is not a perfect relationship -- it is a functional professional one.
