Begin mediation by listening to each person's story separately. Next, bring them together to meet face-to-face. Allow them an equal chance to speak and to explain their perspective. Brainstorm mutually beneficial solutions and, once both parties settle on one, summarize the agreement.
Complete the mediation process and enter an agreement without a lawyer's assistance. The traditional role of the lawyer has been to represent the interests of his or her client, by advising the client regarding procedure and substantive law, counseling the client, and managing the legal process for the client.
There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.
There are 6 steps to a formal mediation; 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement.
The most successful mediators are empathetic, non-judgemental, have patience and persistence, are optimistic, trustworthy, sharp minded and creative and that they have a good common sense and a good sense of humour.
The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.
Don't rule out all opening statements because you have had bad experiences with them before. Think about whether there is anything either side could say that would be productive. Avoid saying alienating things, and say difficult things in the least alienating way possible.
The principle of effectiveness and the principle of co-creation of the process. The principle of the independence of the mediator. The principle of competence of the mediators. The principle of equality of clients in the process.
Listen to what others say about the situation as well as how they felt about it and what they thought about it. If you have something you feel you must say, make a note and wait your turn. PLEASE DON'T INTERRUPT. Each person has a right to be heard completely.
The mediation process begins with an introduction by the mediator and discussion of the process. The parties describe the matter prompting the dispute. Both parties provide information on the situation from their personal perspectives.
Guidance: Preparing Yourself for MediationEnsure that both party and representative are present, fully informed and have authority to resolve the dispute. ... Expect the unexpected. ... Listen, listen, listen!! ... Watch those tactics. ... Be prepared for mediation. ... Be imaginative. ... Watch yourself.More items...
Learn about the methods we use to resolve disputes – arbitration, mediation, conciliation and case appraisal.