Mock Mediation Guide - Law Society Of New South Wales, Australia Page 16
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16Mediator One - writes up the agreement, if reached. The final negotiations begin with
the mediators summarising what has been achieved so far. The mediators encourage
the parties to develop the options, helping them to focus on the future and not the
past. The mediator’s use of the whiteboard helps to provide focus and emphasises
the party’s achievement. If necessary the mediators can use this phase to generate
further settlement options or to allow further tabling or clarification of ideas. To assist
the parties finalise their negotiations, it is important that the mediators test and fine-
tune the agreement. At this point their role is to make quite certain that each person
understands exactly what is going to happen and to minimise the scope for further
friction or misunderstanding. Co-mediators (together): say “Thanks for your time, well
done on reaching a solution in a reasonable way”. Ensure that all parties sign the
agreement and Students shake hands.
OPTIONAL STAGE AFTER STAGE V - PRIVATE SESSION
A private meeting is a confidential discussion between the co-mediators and Party A
followed by another confidential discussion between the co-mediators and Party B (or
in the reverse order. Sometimes the mediators or the parties may need to take time
out away from the mediation in order to consider new information, discuss options
raised, calm down or think about whether the agreement would work. Private
meetings may be used for this purpose.
This is a suggested guide designed to assist mediators develop their own style of
mediating conflicts between disputing parties.
Page 16
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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