For example, in most divorce cases, parties getting divorced don't wait until all communication has broken down and any form of agreement has become impossible. These people will often start searching for help earlier to avoid major complications such as going to court.
The mediation process takes place in the form of a caucus as opposed to a judge and jury form. The mediator meets each party separately to hear each one's point of view, complaints and demands. Caucuses are much more personal than trials. They make sure both parties feel confident enough to explain all their demands, complaints and also in some cases their fears. Caucuses are also important if there is a threat of physical violence. The threatened person will probably confess more easily in front of the mediator, if the attacker is not present, because the attacker would probably make the threatened person uncomfortable. This is why a caucus is important. Therefore, the mediator is in a position where he or she has more information than the individual parties and where he or she is able to make a suggestion regarding both parties and not only the one that has the best lawyer, more money or more convincing arguments. The fact that both parties reach a collective agreement is usually considered a major plus. This way both parties are generally satisfied with the outcome. The mediator is there only to assist the parties.
Mediation is based on an integrative model designed to help the discussions and also designed to keep every step in proper sequence. This model is composed of three foci; Awareness/empowerment, Understanding/recognition and Agreement/reconciliation. These three foci make discussion more effective and organized. The first focus: Awareness/empowerment is described in the book when push comes to shove by Karl A. Slaikeu as:.
The focus is for each party to become increasingly aware of his or her own interests, feelings, views, needs, desires, and hot buttons.