Mock Mediation Guide - Law Society Of New South Wales, Australia Page 3
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16Stages of Mediation
The following outlines the main mediation elements which should be demonstrated
by students to meet the adjudication criteria and earn maximum points. There are
many mediation models and your school is encouraged to find out more about them.
Most of the mediation models have the following features in common:
•
Room Arrangement
•
Opening statement by the mediators;
•
Statement by each party outlining their perception of the dispute;
•
Mediators’ summaries of parties’ opening statements & Identification of Issues to
form an agenda;
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Initial Joint Session
•
Generation and Recording of Options
•
Initial Private Sessions and Exploration of Options
•
Subsequent Joint Sessions
•
Negotiating final agreement
•
Conclude Mediation
Room Arrangement
The mediators arrange the room in advance with tables and chairs so that the 2
mediators are centrally located. It is important that the tables are arranged so that the
mediators can clearly see the parties. The positioning of chairs will signify that each
party has equal status in the mediation.
The recording space (Laptop & Screen, White Board or Flip Chart and markers) is set
up behind the mediators. Ensure the recording board is set up where all parties have
a good view.
Marker pens, pads, pens, water jug and glasses are provided on the table.
Mediators must have a clock or watch to assist with time management.
Mediators Opening Statements
Mediation is a structured problem solving process. The mediators are independent
and impartial facilitators that assist the people to identify issues in dispute, develop
options, and consider alternatives in an endeavour to reach an agreement that will
meet the needs of each person. The mediator who makes the opening statement
should not read out the common facts. It is essential that this section is handled in a
friendly and business-like manner. The mediators will be doing most of the talking at
the start (See example in Mediators Script). They set the tone of the mediation by
being friendly, polite and optimistic.
Statement by each party outlining their perception of the dispute
Page 3
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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