1. What is Mediation ?

Mediation is a process in which an impartial third party facilitates

communication and negotiation and promotes voluntary decision making
by the parties to the dispute.
2. Which are the goals of Mediation ?
Interest Based
- Priorities - Create Value
- Not position based
Enlarge The Pie
More Choices Than Court/Legal Determination
Identify and Meet Underlying Interests
Repairing/Restoring the relationship
More business to be done?
Self-Determined Resolution of Parties
Voluntary, un-coerced
3. Which are the role of the Mediator ?
Neutral / Impartial
UNCITRAL: United Nations Commissions on International Trade Law
Model Law on International Commercial Conciliation (2002)
Facilitator: In Charge of the Process
Improve Communication
Promote Voluntary Decision Making
4. When Is Mediation useful ?
When conflict has strong emotions
When communication has broken down
When one party feels frustrated by the other
When starting the negotiation is too difficult
When the negotiation has reached an impasse
5. What qualifications must have for a mediator ?
Process Expertise or Subject Matter Expertise
Experience, Training, Certification, Panels, Language, Cost,
Location
Interpersonal Skills: Communicator
- Establish trust with the Parties, between the Parties
- Empathetic listener

- Quick learner
- Creative
- Risk taker
- Tenacity

6. Which are the stages of Mediation ?

Introduction
- By Mediator
Confidentiality
All decision-makers present?
Set tone
- By Parties
Opening statement
Issues
Identify / Clarify / Analyze
Interests
- Identified
Shared / Compatible / Conflicting
Generate alternatives
- Separate inventing from evaluating
- Synergy of ideas
Evaluate
- Establish legitimacy
- Whats fair?
Develop Fairness Criteria
Commitment
- Realistic terms
- Durable
Satisfies interests
Legitimate
- Elegant simplicity
- Written agreement
- Enforceable
7. Which is role of the parties ?
Attend With/Without Counsel
Assert / Explain
- Documents / Charts / Diagrams

 Active Listening
- Listening to understand vs. Listening to respond
- Walking in their moccasins
Generate Options
Evaluate Options
Decision Makers
- Prepare for a future without litigation
8. Which is the difference between Mediation and Arbitration ?
Mediation
Voluntary settlement
Process control
Usually outcomes are seen as fair
No settlement enforcement
Arbitration
Hearing
A binding settlement is reached by 3rd party
Two types
i. Traditional-the arbitrator comes up with a settlement that both parties can
agree to
ii. Final Offer- arbitrator chooses one of the disuptants final offer

9. Why Mediate ?
Reduce uncertainty
Preserve relationship
Confidential
- Rules
e.g. Article 14 to 17 WIPO Mediation Rules
- Contract
- Court
Cost effective
Efficient
10. Which are the settlement documents ?
Term Sheet
- e.g.: License fees for how long;
- Escalating payment structure
Formal Agreement
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