Francesca Bambino Donofrio Stamford

Main

STEP 1: Some principles of mediation

• Mediation is a voluntary process – the fact that both parties know they have no obligation, and agree that a resolution is needed creates mediation as a powerful reconciliation tool.
• The mediator does not offer advice and solutions (as in conciliation).
• The mediator is not fixed on a particular outcome (like a facilitator may be).
• The mediator is completely impartial and should be perceived by both parties as non-partisan.
• Ideally mediation is carried out with co-mediators working together so there is room for observation and participation.
• The content of a mediation session is confidential.
• Mediation is without prejudice to other proceedings.
• The people attending the mediation must have the power to settle the dispute.

STEP 2: Key skills and stance

Non-judgemental

• You may have thoughts and beliefs about the content of the mediation – it is critical that you put all judgments aside in order to create a safe open space.

Personal responsibility

• You may have strong feelings during a meeting – it is the responsibility of the mediator to use his or her own instincts and also to hold their own feelings without letting them ‘spill’ in to the mediation.

Courage

• To sit in a situation where you may not know the answer, or think you do know the answer, and to have the courage and trust in the value of mediation without necessarily having to make an intervention (silence is ok).

Listening

• Reflect and summarise the points that have been made.  This may be the first time that the parties have been listened to fully. Listening and summarising is essential in getting to the truth of a situation.

Questioning

• Open questions are critical – how, what, when, where, who, which, why?  
  It can be helpful to construct questions as follows:
  
  ‘How (or the other question words)……………………you…………………….?’

Creativity

• Encouraging options that are outside the ‘norm’.
  
  Building on the opportunities, 'I’m sorry that…, I could have done this or that, we didn’t know…'

STEP 3: The mediation process

One-to-one interviews

The mediators meet the parties to gain an understanding of the issues (this step is sometimes excluded and the process relies on the fact that the mediators have no previous experience of the issues).

Setting up the mediation

The mediators set up the venue to ensure:

• Seating is set up appropriately (e.g. the mediator needs to see all parties).
• Neutral.
• Has a break-out area.
• Refreshments available.

Running the mediation

(See below for more detail.)

Break-out sessions

These may be necessary when blocks are encountered – parties may want to discuss issues privately or take a break.

Shuttle mediation

This is when the Mediator goes between the parties and the parties may not meet or have limited interaction. (This is not covered within this outline.)

STEP 4: Running the session

Welcome and introduction

Session agenda

Ground rules

• Check that everyone has come to try and reach an agreement about the dispute.
• Confidentiality agreed by all parties.
• Respect – Listening to the other speakers, no interruptions.

Individual accounts

Each party speaks without interruption explaining the issues as they see them.

The mediator feeds back during or after the session to ensure that each party is satisfied that they have expressed themselves fully.

(Break)

Mediators summary

The mediator pulls out the key issues for discussion and may make a suggestion about what is tackled first.

Prioritisation of issues for discussion (this is the first area of agreement – what should be discussed first).

Discussion

During the discussion;

• Remember to acknowledge and encourage.
• Ensure both parties are hearing each other (prevent interruption).
• Keep focused on areas of potential agreement or regret.

Agreement

Check that any agreements are going to ‘hold’ in the future – use checking and ‘what if?’ questions.

(Break)

Ensure there is a balance – the mediator or the parties may suggest a break.