Mock Mediation Guide - Law Society Of New South Wales, Australia Page 14
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16Mediator One
Will take brief notes of each party’s statement and check back with each party to see
if notes are correct.
Mediator Two
While Mediator One is checking with the parties, Mediator Two will be making a note
of the main issues and concerns raised in the parties’ statements by identifying those
questions which need to be answered for an agreement to be reached. After all
parties have made their statements always ask each party “Do you have anything
you’d like to add to that?” The invitation to the parties to make an opening statement
is a clear indication to them that the role they are expected to play is one of active
participation rather than one of depending on others. It is a listening exercise for the
other participants and sets the scene for doubt creation in their current perspectives
by ensuring they listen to each other without interruption, perhaps for the first time.
The parties’ statements also enable the mediator to get the wider picture but not
necessarily the intricate details at this time. In the second part of this phase the
mediator summarises what each party has said.
Mediator One
“I’ll just make sure that I’ve got what you meant’. Reads his/her notes and
summarises party’s statement and at the end asks “Did I miss anything?” As well as
assuring the parties that the mediator has heard, noted and summarised their
individual issues and concerns, the summaries you have just heard also reinforce the
mediators’ neutrality and impartiality. The mediator can use such terms as “You said”;
“I heard You say”; “In your view”. By using “You” language the mediator emphasises
that it was their individual concerns that were being summarised, not the mediator’s
version of events. The mediator’s summary also provides each party the opportunity
to hear, through the mediator, the other side’s version for a second time. The next
stage is directed towards identifying the issues and concerns emerging from the
parties’ statements and listing these on the whiteboard. Mediator One – “OK, well
now I’m going to summarise what you have all said and note this on the whiteboard”..
The Mediator then brings down the butchers paper on the whiteboard with a list of
issues already written up.
Agenda Setting
These issues will then be written up on a whiteboard/butchers’ paper in neutral terms
for the parties to recognise. Agenda topics are isolated from the parties opening
statements. Thus, the list is not the “mediator’s agenda” of what they thought should
be discussed but came directly from what the parties have actually said. Note that the
mediator should write the issues in neutral, non-judgmental language, so as to avoid
upsetting or disadvantaging one side. Converting individual grievances into mutual
problems as far as possible encourages a co-operative problem solving approach.
There are many reasons for using the whiteboard, one of which is to focus the parties
on the problem, not on the people. The next phase (Clarification and Exploration of
Page 14
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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