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OPENING SESSIONS
Mediation Rules, Mediator’s Role
The opening statement will set out the ground rules for the mediation. Main mediation principles are :
- Respect & Equality
- Self Empowerment
- Voluntarism
- Confidentiality
- Impartiality
SOURCE OF CONFLICT
Statement of the Problem
Each party is invited to describe, in his or her own words, what the dispute is about and how he or she has been affected by it. Open-ended questions, will be asked to get to the emotional undercurrents.The mediator tries to find common goals between the parties. and to figure out which issues are going to be able to settle or those that will settle first.
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COMMUNICATION
Joint Discussion
The mediator tries to find common goals between the parties. and to figure out which issues are going to be able to settle or those that will settle first. A joint discussion will be proposed. The mediator may try to get the parties talking directly and to restore communication.
SOLUTIONS
Generating Options
Methods for progressing with options possibilities, may include group processes developing hypothetical plausible scenarios.
Once the participants are committed to achieving a negotiated settlement, the mediator will propose a brainstorming session to explore the proposed potential solutions. This can lead to a final agreement, which diffuses the conflict and provides a new basis for future relations.
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CLOSURE
Reaching an Agreement
This is the end of the mediation. If an agreement has been reached, the mediator may put its main provisions in writing as the parties listen. The mediator may ask each side to sign the written summary of agreement or suggest they take it to lawyers for review. If the parties want to, they can write up and sign a legally binding contract. If no agreement was reached, the mediator will review whatever progress has been made and advise every one of their options.