Learn and Master the mediation language

By - - [General]

Stage one Mediators opening remarks;

Mind a lot what you say at this point because its at this level that either side is trying to study you carefully to either identify bias, un seriousness or lack of capacity
1. Briefly introduce your selves in a basic level and let them aslo introduce them selves to you. We assume that they know each other very well thats is why they are before you.
2. Briefly re echo the reason why this particular  mediation session  has been organized and what you hope to achieve.
3. Briefly DEFINE the  MEDIATION  process to your clients so that they are not kept at the dark on what mediation is and how its conducted.
4.  Ask them if they are ready to proceed with the mediation session? If they say yes.
5. Pull out a voluntary mediation participation agreement, read through and give each side to sign as consent.
6. Lastly on stage one, agree on a set of rules that will guide your mediation session. This will prevent parties from picking up fights during the mediations.
Again those are some of the rules we use, but they are not cast in stone. Give the parties a chance to contribute to some rules.
The reason why you are doing all the above on stage one, is to  create a flexible, friendly, smooth environment for the 2 parties to feel comfortable and lower and raging fire if any
Stage 2 Disputant's opening remarks.

1.Give each party a plain paper and a pen for them to note any issue raised by the other party which they may want to raise later.
2. Give the disputants a chance to choose who goes first in telling their part of the story and request the other not to interrupt but note the issue down.
3. As a mediator keep noting key issues raised during this session and keep confirming from time to time whether what you have written is what they said.
4. After both sides have presented their side, remember you are not a judge and so you are not generating a solution, but giving these people a chance to talk.
Stage 3. Joint discussion
1. Ask each to submit their proposed solutions to the issues you will have noted at hand.
2.Tick those that have been agreed upon and with those that have not been agreed upon, proceed to stage 4
Stage 4 Private caucus
1. Here the mediator has a chance of helping each party to analyze the pending issues and generate various options.  This is where the mediator role becomes critical. Because each side will ask you now what should I do?
 Please do not propose a solution which will be tagged on you but do a joint analysis or issues and generate portions together
Stage 5 joint negotiations
1. Call back both parties in and request each to submit their best negotiated alternative for the other's considerations
2. Once all parts of the dispute have been agreed upon,
3. Congratulate all members for working together and for saving their human relationship which is more important than any asset on earth
Stage 6. Closure

1. Write down the agreed positions from the mediation.
2. Read through for every member to comprehend, if both parties agree to it as a true record,
3. Make three copies and let each sign and go with a copy.
4. Appreciate them once again and request them to have a hand shake if they don't mind.
As a mediator your role is going to be in following up with each party and once in a while conduct separate meeting or phone calls to  track progress in the implementation of matters agreed upon in the agreement.
THE END




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