Mock Mediation Guide - Law Society Of New South Wales, Australia Page 13
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16will be resolved. There are no rules except; one person speaks at a time and we ask
that you treat each other with respect. Is this clear to everyone? “Thanks, now we’ll
try to help you solve this problem, without fighting or anything like that, in a friendly
way. We can’t take sides, or make decisions for you. We’re just helping you reach an
agreement. Anything said today will remain confidential. This is on a-need-to-know
basis and we can’t say anything to anyone else, so feel free to talk. You are all here
because you want to sort out your problem. Is there anyone else that should be
here?
Mediator Two – Opening Statement.
•
Mediator Two will outline the stages
•
parties’ opening statements
•
mediator summaries of parties opening statement
•
list issues on whiteboard
•
discussion on each issue to achieve a solution – agreement
•
Obtain parties’ commitment.
The importance of the mediator’s opening statement and its impact on the mediation
should not be underestimated. Anxious parties need to be put at ease and also to
know what is going to happen. The mediators’ neutral, non-decision making role is
emphasised. The statement needs to be clear, but brief. People can only take in a
certain amount of new information and there can be an anxiety to get on with the
mediation. What follows is an invitation to the parties to make their opening
statements.
Opening Statement by Parties’ and Mediator Summaries of Parties’ Statements
Purpose: To outline the parties’ understanding of the dispute and to build up a picture
of what the dispute is all about.
Note: parties are not meant to respond to each other’s statements during this stage.
Each party should be given about 2-3 minutes to tell their side of the story.
It doesn’t make a difference who starts first as everyone will have a chance to speak.
Party A can start if that’s OK with Party B
Party A Party A1’s statement
Party A2’s statement
Party B Party B1’s’ statement
Party B2’s statement
Page 13
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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