Stage 1. Preparation: Setting the scene (preparing of self and co-mediator and physical setting)
Welcome to La Trobe University Dispute Settlement Centre. My name is Jessica Wu and this is (mediator 2) and we are your mediators for this morning.[M1 & M2]
How would you like us to address you two? Mediation is a very long process, so is there any time restraints or car park issues?
Before we start the process I would like both parties to face their chairs towards each other so that everyone can effectively listen to each other’s input. We will also be using a lot of the whiteboard to write down some ideas as we progress through this session.
So far are there any question? Then we shall proceed.
Stage 2. Process Introduction
As you may not be familiar with the process of mediation, I would like to mention the guidelines, principles and the features of mediation just so that we are all clear with that. Our roles as a mediator is not to determine your disputes and make decisions about who is right or wrong; instead our role to take on a impartial role and assist you by identifying some of the disputed issues, develop options and consider alternatives to help you reach an agreement. The purpose of our meeting here today is to help you work out an understanding acceptable to both of you and to improve your relationship with each other. [M1]
First of all, mediation is voluntary process therefore it’s important that both parties are willing to participate in this session because you both want to be here and what we have found as mediators is that if people are willing to sort out their disputes that’s when most success occurs.
Another feature is that it is also confidential unless the law requires otherwise. We will be taking notes from time to time so that we can remembers things, but when we finish today, we will destroy these notes as we are bound by confidentiality provisions in the mediation agreement. [M1]
You may feel free to leave at any stage. Naturally we encourage you to stay and if you feel uncomfortable please discuss it with both of us. [M1]
As mentioned before, we will be taking notes from time to time, and from those notes it will help us identify key issues as we progress through this session. It is also beneficial that both parties follow the ground rules so that both of you will feel safe to talk. The ground rules is that each person has an opportunity to speak one at time and to speak respectively to each other with not put down and also that you listen to one another. Do you both feel comfortable with that? [M2]
If you have any concerns relating to this mediation process please feel free to voice it out at any stage [M2]
Now that we have established this, we’d like to begin now with hearing each of you explain your perspective on this situations and how this had affected you. Jenny, I believe you requested mediations, so can you please tell us a little about why you’ve come to this mediation [M2].
Stage 3. Disputants Concerns
In this stage of the mediation process, this is where we share background information and concerns as well as identifying the issues in dispute. We also ask of you to describe your problem from both of your perspective. [M1] It would also be beneficial for both of you to listen carefully to each other’s concern and problems and we strongly encourage both parties to speak respectively to each other therefore please refrain from behaving in an abusive manner. We also hope that you understand where each other is coming from by placing yourselves in their shoes.
So far is there any question? If you’re ready, I would like Jenny to describe her problem first and then John will have the opportunity to describe his problem after Jenny finishes. [M1]
When you’re ready Jenny, you can start.
· Listen actively
· Prompt for specificity – ask as many questions to explore more of the problem and parties’ situation
· Reflect on what each party said
Stage 4. (Mediator summaries)
[paraphrase parties’ point of view] After noting down each of your description of your dilemma I will just reflect and summarise of what you said so far, so that we can clarify things properly. Therefore please feel free to interrupt me if I have missed anything, so after hearing Jenny’s point of view, she has mentioned that: ….. and….which makes her feel……is that correct?
And is that anything else you would like to add?[M2]
[Change of spotlight]
If that’s all, I will go straight to John. After hearing John’s point of view, he has mentioned that…..and….which makes him feel…..
Do you want to add anything else? [M2]
· Keep eye contact
· Active listening
Stage 5. Listening the issues (setting of agenda)
Now we are at the stage where we start exploring the key issues in dispute, during this process we will be setting an agenda where we emphasis on both of your interests and address those issues and concerns.
Before we start, are there any enquires? [M2]
Then I will be listing down those issues on the whiteboard, firstly, Jenny said that…..which is important, she has also mentioned that……therefore these issues needs to be addressed.
Is there anything else you would like me to add?
[Change of spotlight]
Now we’ll go on to John. John mentioned that………..so we’ll also note this down.
Is that alright for you so far John?
So far, we have noted down that the key issues that needs to be addressed and currently these are: firstly, ………..secondly, …………..and thirdly,………….
Are both of you satisfied with the issues that are being written up on the board? Then we’ll proceed onto the next stage of our mediation process, which is exploring these issues. {M2}
· Name the issues concisely, neutrally and mutually
· Order sequentially
Stage 6. Exploring issues
So far you’ve been talking to the mediators in order to help us understand how the situation looks to you. At this point, though, we’d like you to speak directly to each other, for you’re the people in the best position to resolve this dispute. It may also help if you turn your chair in the direction of the other person. In this opportunity to speak directly to each other, we would like the both of you to exchange information and explain to each other about what your interests are, the different perception of each other, and your acceptance of responsibility for resolution of conflict. [M1]
[If discussions become too heated]
Jenny, you seem to have a different view than John’s. If you didn’t you wouldn’t be here. It’s part of our job to ensure that you have an opportunity to give that view. At this point, however it is important for John to tell us how he sees things, so we get a complete overview of what it is that brought you here. [M1 or M2]]
· Interfere if discussion becomes to heated by reflecting on how each disputant feel
· Tell party to explain their focus of the agenda
Stage 7. Individual sessions
Now that you have spoken directly to each other and may feel that you are beginning to understand one another’s perspective. We will now be having a one on one individual session with each of you, so that we’ll have a deeper understanding of your concerns and what each of your interests are. So we’ll start with Jenny, therefore John you may have a break and we ask of you to leave this room until we inform you that it’s your turn. [M1]
[One on one session] [M1 + M2]
We would like some feedback from your discussion with John/Jenny, so how did you feel after you had that opportunity to speak with him/her?
What are you interests at the moment?
From these issues we have written down, is there any options where you can negotiate these terms that may satisfy not only your own interest but also reasonably for John/Jenny?
· Active listening
· Summarising
· Maintain impartiality
· Ask many hypothetical questions – “What if”
Stage 8. Creating options
After hearing each of your views, interests and options that will work for yourselves, at this point of the mediation process, we are only looking to generate some options on particular issues that we have noted down on our agenda. We also look at these options whether or not it may work in the future. These options may or may not form part of the final settlement, therefore we encourage the both of you to suggest as many ideas as possible. [M1]
We will be writing these options up on the whiteboard again, so both of you have clear view of things and we’ll start with Jenny, so what are some of the options that can work for you?
[shift spotlight to John]
[brainstorm some ideas/options] [M1+M2]
· Remind disputant about previous points
· Reflect
· Active listening, be attentive
Stage 9. Evaluating options
So far we have created some options that may or may not be negotiable to one of you, now we are in this stage where we are going to evaluate these options and see whether or not if these options may work for both of you in the present and the future.
So far are there any questions in regarding to this stage of the mediation process? [M1]
Stage 10. Negotiating an outcome
After evaluating these outcomes that we have suggested, we should start negotiating the outcome that will satisfy both of your interest. We will again focus these outcomes for the long run.
[Follow agenda]
Stage 11.Closing/termination
Now that we have settled on an agreeable outcome that is satisfactory to both of you, which is, [summarise option], are there any enquiries about that?
Would you like this agreement to be made in writing?
We sincerely hope this outcome we’ll benefit the both of you in the future and please remember that the future lies on you to make this agreement work.
Furthermore, we would like to congratulate the both of you for the effort of coming here today and the willingness to participate through the whole session of this mediation process. We hope the very for the future for both of you.
Stage 12. Debriefing
· Review the processes and outcome that had been negotiated
· Examine personal performance and that of co-mediator, give each other feedback of their performance about what was well done and what aspect needed to be improved on.
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