MEDIATION PROCESS

Stage 1: Mediator's opening statement.

Stage 2: Disputants' Opening Statements
Stage 3: Joint Discussion
Stage 4: Private Caucuses
Stage 5: Joint Negotiation
Stage 6: Closure
A mediation, typically begins in a joint session with the
mediator making an opening statement explaining the
fundamentals
of
the
mediation
process
and
establishing communication guidelines. For instance, it
is critical that all parties show respect for one another
while opposing viewpoints are presented. After the
mediators opening statement, each party is typically
invited to give their perspective on the issues at hand.
Some joint discussion may follow at this point. The
mediating parties may attend the mediation alone or
with an attorney. During the process it is likely that the
mediator will meet in private with each party in what is
called a caucus to further explore the needs and
interests of each party as well as the strengths and
weaknesses of each side of the case.

KEY STRATEGIES
1. Get to the table.
2. Pick the right time to mediate.

3. Choose the right mediator.

4. Have pre-mediation conferences.
5. Set aside sufficient time.
6. Prepare your disputants parties
7. Prepare a powerful position paper.
8. Insist on full settlement authority.
9. Maximize the benefits of the joint session.
10. Set the tone with your opening statement.
11. Get into a zone of bargaining as soon as possible.
12. Dont take a bottom line approach.
13. Analyze strengths and weakness on both sides of the table. In
other words, identify the strengths and weaknesses of the person
on the other side of the table, but dont forget to think about your
own. What are your soft spots that might make you vulnerable
during the negotiations?
14. It is very easy for emotions to get triggered during a
mediation session. Monitoring and controlling your emotions can
be difficult, challenging task, but doing so can help you reach
your goal arriving at a successful outcome that gives you what
you want and what you need.

Goals of mediation
Primary Goal
solving the business-related problem.

 focus on future.
Secondary Goal
re-establish civil, constructive communication between the parties.
Tertiary Goal
to restore harmony and rebuild trust in the relationship.
Other than above mentioned goals
Provides us with an improved method of communication and dispute
resolution.
Can allow to move forward with both parties life.

Allows to settle the case in terms that are acceptable to both the
parties.

Can reduce the emotional trauma that parties may be experiencing.

Can improve compliance with settlements and decrees.

Can save the time and money.

Function of mediator
A neutral third party
assists the parties
Indirectly involved
provides parties with new perspectives
offers guidance and expertise