Mock Mediation Guide - Law Society Of New South Wales, Australia Page 12
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16Suggested script for Mediators
The Mediators Script (in italics) has been prepared to assist students
undertaking the roles of mediators to understand the responsibilities of their
respective roles and the process of the mediation.
Opening Statement by Mediators
Purpose: To put parties at ease and outline role of mediators and what will happen
during the mediation stage by stage. In Mock Mediation two mediators work as a
team. They have equal standing and it is important that the disputing parties should
see them as equals. However, it is perfectly in order for one or the other mediator to
take a more or less active role at a particular time. The only time when the roles are
purposely divided is during the introductory part of the mediation process. Sharing
the introductory tasks not only eases the workload but emphasises each mediator’s
equal involvement and responsibility. The mediators plan the division of tasks in
advance. The mediation begins with a statement by the mediators.
Mediator One – Opening Statement
Introductions
“Thanks for coming today. I am (1st Mediator’s name) and my name is (2nd
Mediator). We will be your co-mediators to help talk about the problem that brings
you to mediation today... What are your names?
Party A: and then Party B”.
Outline role of mediators:
Describe mediation process as voluntary and confidential;
Ensure that all parties who have an interest in the dispute are present to ensure
effective agreement.
Mediator One – will describe what’s going to happen.
“In a minute we will be asking each of you to tell us your side of the story. This is just
to make the matter clear for us as the Mediators today. It is preferable that neither of
you interrupt the other. Instead you can make notes and these can be discussed later
when it’s your turn to have the opportunity to state your views. “After all of your
statements have been given, we will go back and check to see if we have your
stories straight. In keeping with confidentiality all notes will be destroyed after today’s
mediation”. Mediator Two (say name), will be noting issues and concerns that appear
to come out of your statements. These will be worked through until we all come to
some sort of an agreement. If either party needs to talk to us in private or we feel that
a separate meeting with each of you and us would be helpful we will have private
meetings. Everything said during the private meetings are also totally confidential.
Having private meetings may help you to speak to us more freely which could then
help us to get the discussion back on the right track. We are pleased that you agreed
to come to this mediation and we hope that the problem that brings you here today
Page 12
The Law Society of New South Wales
Mock Mediation, 170 Phillip Street, Sydney NSW 2000
T: (02) 9926 0253 E:
.au
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