Stage 1: Introduction and Process Overview
- The mediator introduces the process, emphasizing peace-making over adversarial approaches.
- Parties are urged to negotiate in good faith, seeking mutual understanding.
- It's vital to note: the mediator does not provide legal advice or define what the law is.
Stage 2: Understanding Aims and Anticipations
- The mediator discerns each party's objectives.
- Reality-checking is employed to ensure expectations are aligned with potential outcomes.
Stage 3: Considering Alternative Solutions
- Parties are encouraged to identify and formulate pragmatic alternative solutions.
- Meetings are organized as necessary to discuss these proposals.
Stage 4: Deal Conclusion
- The mediator guides parties to finalize settlement details, addressing arising issues.
- The finalized terms are drafted, leading to the agreement's endorsement by all parties.
Stage 5: Promoting Joint Problem-Solving
- A collaborative space is cultivated, with parties jointly exploring diverse options, assessing their merits and demerits.
Stage 6: Navigating Emotions and Challenges
- Emotions are acknowledged; arising conflicts are managed.
- Techniques like reframing ensure a comprehensive understanding of all viewpoints.
Stage 7: Guiding Agreement and Finality
- Parties are steered towards a consensual agreement.
- Compromises are sought, ensuring clear settlement terms known to all.
Mediator's General Strategies Include:
- Upholding neutrality and fairness.
- Facilitating active listening and constructive communication.
- Encouraging inventive problem-solving while addressing any power imbalances.
- Safeguarding confidentiality, adapting to the unique requirements and dynamics of each case.