• Stage 1. Opening Phase (Engaging the parties in the mediation process)
• Stage 2. Exploration Phase (Identifying the issue)
• Stage 3. Bargaining Phase (Identifying and evaluating options)
• Stage 4. Concluding phase (Building and securing agreement)
Mediation stages and required skills
Stage 1 skills. Opening Phase
• Explaining the role and purpose of mediation in a language appropriate to the parties in disputes
• To explain to the parties the essential principles of mediation
• Explaining the benefits and limitations of mediation objectively
• Demonstrating impartiality, non-judgmental and non-defectively
• Facilitating understanding towards and informed choice by each party about the potentials costs and benefits of mediation
• Establishing each parties potential for commitment to the mediation process
• Allowing each party sufficient uninterrupted time to express their feelings and concerns
• Checking and conforming accuracy of information with each party
• Identifying and agreeing for each party the issues that will form the agenda for mediation
• Identifying with the parties the priority order for discussion of the agenda issues
• Exploring alternative options where mediation is found not be appropriate
Process on opening Stage mediation
• Introduction to the mediation process
• Explaining the mediation approach
• Grounds rules for the mediation process
• Explain the purpose of mediation
• Explain about the voluntary process
• Explain that the mediators are impartial
• Ensure equity
• Make the parties sure that everything discussed will be confidential
• Without prejudice
• Explain the limitations of the process what we are can do and what we can not do
• Being to clarify the needs of the parties
• Take cultural sensitivity into account
• The mediation agreement to be signed with explanation that no part of this whole process of mediation can be quoted in the court. It has legal cover.
Tools to be used in the opening stage
• Engaging the parties in the mediation process
• Active listening and understanding to the parties
• Using appropriate language
• Opening questions- tell us about the problem
• Exploring the problem with more open ended questioning
• Use close ended question for checking/clarifying facts and checking figures and dates
• Hypothetical questions for probing-getting more details of the problem
Stage 2 to be continue…..
