Professional Documents
Culture Documents
Mediation
What is mediation?
Defining mediation
Mediation model
1. Pre-mediation
2. Exploring and defining the problem
Mediators opening statement
Parties statement and mediators summary
Identify matters for discussion
Explore and define problem
3. Separate sessions
4. Negotiation and solution
Generate/mutually explore options
Evaluate options and
5. Post mediation
Preparing for mediation
1. Screening or intake interview formal or informal process to determine
whether the matter is suitable for mediation
2. Preliminary/pre-mediation conference
To prepare the parties and their representatives for what will happen at
the mediation and how it will be conducted
Opportunity to detect potential barriers to an effective mediation eg
need for interpreter, hostility
3. Benefits: gain confidence in the process, create environment which
encourages appropriate behaviour
4. Challenges: dont want mediator to develop their own view of the case
In preparing the mediator may consider
Position paper
Mediator should be now in position to list identified issues that are mutual
to the parties
Clarifies and structures the dispute
Breaks the dispute into manageable pieces which may reduce
overwhelming feeling
Assist parties to see a pathway through the dispute
Assist parties to see progress made
Reframe issues in a neutral fashion
Mutualise issues and find common ground
Facilitate discussion
Mediator should decide which point to start on what happened
Separate/private sessions
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Maintain neutrality and be careful not to become advocate for one party
May become aware of important information that the party will not reveal
to the other party hampering resolution
Chance of being pressured to take one partys side
Disclosure of unethical or illegal activity
Option generation
Agreement