From Theory to Reality: Learning the 6 Steps of Mediation Through Real Experience at JAMS

  

Why Real Experience Matters

In October 2023, I was fortunate to receive an opportunity from the Weinstein International Foundation to shadow some of the most respected mediators at JAMS in the United States. Over the course of several mediations, covering disputes from construction projects, shareholder disagreements, class action lawsuit, housing health issues, to insurance claims, I observed not just theory, but the living process of mediation in action.

Through these experiences, I learned that while every mediation is unique, most follow certain key steps of mediation.

In here, I will share these steps in simple terms, together with stories and impressions from my time in the US, so that future Vietnamese law practioners can imagine.

Step 1: Preparation, The Groundwork Before Meeting

Mediation does not start when the parties walk into the room. It begins before the session, with careful preparation:

• Mediators review the case documents.
• Lawyers (or parties) prepare mediation briefs.
• Scheduling, logistics, and sometimes pre-mediation calls are held to set expectations.

A very important tool in this stage is the mediation briefs. This is a written summary of each party’s case, usually provided to the mediator before the session. It explains the background, key facts, legal arguments, and the party’s goals.

In the US mediations I observed, briefs were concise but very informative, allowing the mediator to quickly understand the issues.

For example, in a construction project dispute involving delays caused by local government and contractors, both sides submitted mediation briefs in advance. By the time the parties arrived, the mediator already knew the financial and technical issues. This preparation allowed the session to move quickly into problem-solving.

Step 2: Opening, Setting the Stage

At the beginning, the mediator explains:

• The rules of the process (confidentiality, neutrality, voluntary nature).
• The goal: not to decide who is right or wrong, but to help parties reach agreement.

I saw this in a class action consumer rights lawsuit, where the mediator calmly explained the process to lawyers representing hundreds of consumers. By clarifying confidentiality and neutrality, the mediator reassured both the corporation and the consumer side that the process would be fair.

This opening stage is essential in the steps of mediation, as it sets the foundation for cooperation.

Step 3: Storytelling, Each Side Speaks

Each party has a chance to share their story. Sometimes this happens together in a joint session, sometimes separately.

In a housing dispute over mold affecting a family’s health, the tenant wanted to describe the serious health impacts on children, while the landlord focused on costs and repair difficulties. Allowing both sides to tell their stories not only provided information but also gave emotional weight to the dispute.

This step reminded me that one of the most human aspects of the steps of mediation is simply being heard.

Step 4: Exploration, Private Meetings in the Steps of Mediation

One of the most unique and powerful parts of the steps of mediation is the private meeting, or caucus. This usually happens after the joint session, when the mediator decides it is time to talk to each side separately.

• In the US, this often takes place in different rooms, with the mediator walking back and forth.
• In hybrid mediations, the mediator uses Zoom breakout rooms for privacy.
• These meetings can happen at any stage if emotions are too strong, or if sensitive information needs to be shared confidentially.

In one shareholder dispute, tempers arose during the joint session. The mediator quickly moved the parties into caucuses. In private, he was able to discover each side’s true concerns, such as recognition of contributions, that would never have surfaced in open discussion.

Private meetings showed me how much depth lies behind the steps of mediation.

Step 5: Negotiation, Building Bridges

The mediator then carries messages, proposals, and options back and forth between the parties. This is often the longest and hardest part.

In an insurance dispute between a hospital and an insurance company over unpaid claims, I observed the mediator skillfully reframe proposals. Instead of letting parties feel they were conceding, she emphasized progress toward a sustainable solution.

Negotiation is where the steps of mediation become most visible: moving from disagreement to agreement.

Step 6: Agreement, Writing It Down

When common ground is reached, the mediator helps draft a settlement agreement. This document is crucial, as it turns discussions into binding commitments.

In one hybrid mediation (mix of online and in-person), parties reached a last-minute deal after hours of negotiation. The mediator patiently stayed until both sides signed, even late after the normal work hours. That moment showed me how perseverance is key in real mediation.

The final stage in the steps of mediation proves that persistence and patience can transform conflict into resolution.

Lessons For Future Vietnamese Law Practioners

1. Mediation is not theory, it’s practical problem-solving.
2. Every case is different, but the steps of mediation give structure.
3. Listening is as important as arguing.
4. Preparation and patience are the invisible forces behind success.
5. Mediation briefs and private meetings are tools that make mediation work in practice.
6. Cultural sensitivity matters. In the US, I saw mediators adjust language, tone, and even room settings to make parties comfortable.

Shadowing mediators at JAMS gave me the chance to see how real disputes, real emotions, and real businesses are handled through mediation.

For future Vietnamese law practioners, I hope these simple steps and stories make the process clearer, and inspire you to see mediation not only as an academic subject, but as a powerful tool for resolving conflicts in practice.

The steps of mediation provide a roadmap. But as I saw in the US, the real skill of the mediator is in how they apply these steps to guide parties from conflict to cooperation.

One thing I keep in mind is great lunches, and snacks, coffee, energy/chocolate bars, fruits served all the time at JAMS center in San Francisco. Maybe this factor also plays part of the role in successful mediations.

And another thing one should keep in mind, mediation is not a solution to all disputes. It is one of 4 primary dispute resolution types, alongside negotiation, arbitration and litigation. But, why not give it a try?

About VEMC, a Mediation Center in Vietnam

Vietnam Effective Commercial Mediation Center (VEMC) is a a Non-Profit Organization that Promote Mediation as Alternative Dispute Resolution in Vietnam, Provide Training and Mediate Disputes. The idea of mediation is to offer a different way of handling disagreements as compared to litigation proceedings. At VEMC, we pride ourselves on having a team of highly qualified and experienced professionals dedicated to the vision and mission of the center. Contact us to exchange ideas for cooperation in dispute resolution, work with us, or request services.

Source: https://vietnamadr.com/learning-the-6-steps-of-mediation/