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Having decided that mediation is the preferred option for resolution there are well defined processes and protocols for undertaking the mediation. The five phases of mediation are outlined below.
Phase 1: Preparation
Preparation is key to successful Mediation and involves:
- selection of the Mediator
- agreement of location and date for mediation
- details of Mediators fee
- exchange of short case summaries and agreed documentation
- confirmation of attendees
- confirmation of role of the Mediator
- risk analysis for each party
- development of relationship between Mediator and both parties.
Phase 2: Opening
The opening session on Mediation Day is only convened when appropriate and involves :
- introduction of all attendees
- outline of overall procedure by the Mediator
- opening statement by each party
Phase 3: Exploration
During this phase the parties separate to private meeting rooms. By working back and forward between rooms the Mediator explores each party’s case searching for vital information that may unlock the deadlock between the parties.
Phase 4: Negotiation
Direct and indirect negotiations begin with the assistance of the Mediator who challenges each parties position, explores the strengths and weaknesses of their positions and works with them to establish the range of options open to them while also examining their best and worst alternatives if they do not reach a deal.
Phase 5: Conclusion
The agreed settlement negotiated by both parties is formulated and recorded. Once the settlement is signed, it becomes legally binding.