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.