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MEDIATION

MEDIATION DEFINED
A voluntary process for resolving disputes in

which an acceptable, impartial and neutral


third party, who has no authoritative
decision-making power, assists in a face-toface meeting of the disputing parties with
the basic aim of having them reach a
mutually beneficial agreement.

HOW MEDIATION WORKS?

Mediation grants disputants the


opportunity to solve their problems by
themselves and negotiate for a
consensual settlement in an informal
and non-adversarial manner

IMPORTANCE OF THE MEDIATOR


By engaging the service of a third party
facilitator, the disputants are able to:
Communicate with each other
Share information about their interests,
concerns and priorities
Become aware of their alternatives
Generate creative options to best resolve
their problem

CERTAINTY OF OUTCOME IN MEDIATION

Disputants can determine the outcome


of their dispute instead of surrendering
control over to a third party who may
not know what works and what does
not work for the parties in their present
situation.

OPPORTUNITY FOR A MORE SUITABLE SOLUTION

Disputants have the chance to craft the best


possible solution to satisfy their respective
needs, interests and concerns.
Outcome is not restricted as to who should
win and who should lose. It is rather focused
on HOW TO LIVE THEIR LIVES IN THE
PRESENT AND THE FUTURE

PRESERVATION/RESTORATION OF RELATIONSHIPS

Discussions
are
not
focused
on
demonstrating culpability or liability of
either disputants, but rather on finding
acceptable solutions to meet the disputants
present needs. As a result, the continuing
relationship of disputants is preserved and
strained relationships are even fixed.

EDUCATIONAL

In the process, disputants learn how to


face conflict constructively. They learn
how to communicate effectively,
articulate their needs and interests
instead of turning violent, resorting to
blaming and fighting the enemy

FAST, ECONOMICAL AND CONVENIENT

Disputant need not spend time and


money preparing for and going to trial (
and later filing appeals).
Mediation proceedings can move faster
than court hearings. It can be
scheduled to suit the convenience of the
parties.

PRIVATE AND CONDUCTED IN A SAFE ENVIRONMENT

Unlike proceedings in court hearings,


discussions are not made part of public
record. It is kept confidential. The
atmosphere is non-threatening and no
outsiders are allowed to the conference

POTENTIAL TO RESOLVE MORE ISSUES AND CASES

Disputants can bring into the table not


just substantial issues, but also
procedural and psychological issues
which may not be material and
entertained in court. Related cases may
also be discussed and settled at the
same time.

MEDIATION PROCESS

Phases of Mediation
1. Pre-mediation stage
2. Mediation stage
3. Post-mediation stage

What happens during the Pre-Mediation Phase?

Why the case is referred by the court for

Mediation
Purpose and Advantages of Mediation
Selection of Mediator
Presence of Counsels
Authority to Settle
Mediation Fees
Questions and Answers

MEDIATION STAGE
Opening Statements (Mediator and

Parties)
Joint Discussion
(Private Sessions or Caucuses)
Joint Negotiation
Agreement or Settlement

Purpose of The Mediators Opening Statement

Educate those present as to the roles of

the mediator, what mediation is and


how mediation works
Establish the Mediators Authority in
the process

Purpose of The Parties Opening Statement


Educate the mediator and the opposing

parties on the factual background of the


dispute based on their own point of view.
Parties to vent their emotions and
frustrations, thoughts or positions on how
the dispute should be resolved.

Purpose of The Joint Discussion


Establish communication between parties

- Summarizing of the opening statements


- Clarifying questions so issues can be
identified
- Assisting parties shift from their wants to
needs; from their positions to interests
- Ranking the issues according to level of
importance

Purpose of The Joint Negotiation


Parties meet in joint session for the final

offers and negotiation leading to settlement.


Mediator to:

- list points of agreement


- make sure there is no unsettled issue
- thank and commend everyone

POST-MEDIATION PHASE

Back to Court (If mediation failed

or terminated)
Forward to the Judge the
Mediators Report together with the
Settlement Agreement for
consideration and judgment.

THANK YOU VERY MUCH!