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
mediator’s 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.

8. Insist on full settlement authority. 13. 6. What are your soft spots that might make you vulnerable during the negotiations? 14. 11. Goals of mediation Primary Goal • solving the business-related problem. but doing so can help you reach your goal – arriving at a successful outcome that gives you what you want and what you need. Prepare a powerful position paper. 9. Set aside sufficient time. Prepare your disputants parties 7. Monitoring and controlling your emotions can be difficult. Analyze strengths and weakness on both sides of the table. 4. Choose the right mediator. . 5.3. Maximize the benefits of the joint session. In other words. challenging task. It is very easy for emotions to get triggered during a mediation session. Have pre-mediation conferences. Don’t take a bottom line approach. 10. Get into a zone of bargaining as soon as possible. Set the tone with your opening statement. but don’t forget to think about your own. 12. identify the strengths and weaknesses of the person on the other side of the table.

constructive communication between the parties. • Can reduce the emotional trauma that parties may be experiencing. Other than above mentioned goals • Provides us with an improved method of communication and dispute resolution. Secondary Goal • re-establish civil. Function of mediator • A neutral third party • assists the parties • Indirectly involved • provides parties with new perspectives • offers guidance and expertise . • Can improve compliance with settlements and decrees. • Can save the time and money. Tertiary Goal • to restore harmony and rebuild trust in the relationship. • Allows to settle the case in terms that are acceptable to both the parties. • Can allow to move forward with both parties life.• focus on future.