Problem Solving in Mediation

Tim Hicks, the former head of the University of Oregon’s Conflict & Dispute Resolution master’s program, recently wrote an article that attempted to breaking down the steps that are necessary to engage in productive problem solving.

The seven steps are:

1. Identify the issues.

2. Understand everyone’s interests.

3. List the possible solutions (options)

4. Evaluate the options.

5. Select an option or options.

6. Document the agreement(s).

7. Agree on contingencies, monitoring, and evaluation.

While this, initially, may strike some as simplistic, it is actually that simplicity that makes these 7 steps for important. They should serve as guideposts for mediations and your mediator should work through these slowly and deliberately. If this is not done, then neither the parties nor the mediator will have a clear path towards resolution. As counsel, it would benefit your clients to discuss these steps in advance as well; they will help to put your clients in the right frame of mind to settle the case.