Mock Mediation Guide - Law Society Of New South Wales, Australia Page 4
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16This stage is an opportunity for both Parties A and B to give their ‘Opening
Statements’ (Each team member tells their version of the story and shows their
individual interests.) The importance of this stage is that it allows each party to hear
the other parties’ points of view. This is an important part of resolving differences.
It is an opportunity for the mediators to become familiar with the dispute. Also, Parties
A and Parties B will take it in turns to speak and be given the opportunity to speak
without interruption.
While the Parties’ are giving Opening Statements Mediators take separate roles.
•
Mediator 1: will be taking notes of what is being said. Direct quotes are jotted
down to use in the next stage of the mediation.
•
Mediator 2: will be summarising the main points. These main points will take the
form of single words, simple concepts or questions to assist with the agenda
setting.
The mediators ensure that each party can speak uninterrupted. The role players may
have to be reminded that they will have an opportunity to speak and to be listened to.
Parties’ Role
•
Listen to mediators’ opening statements.
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Ask for clarification if they need it.
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Role play in character.
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Respond appropriately to mediator interventions.
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Parties A explain what has brought them here, how they have been affected by it
and what they would like for the future.
•
Parties B explain what has brought them here, how they have been affected by it
and what they would like to the future.
Mediators’ Summaries of Parties’ Statements & Identification of Issues to form
an agenda
This next stage has two distinct phases, mediators’ summary and agenda setting.
The aim of this stage is for the mediators to confirm what each party has said and to
assist the parties to develop an agenda of issues to be discussed. Each party must
be satisfied that the mediators have listened to them and have been able to show
that they have a good recall of each party’s point of view.
A high level of skill in the “recalling” process will establish that mediator’s credibility
as an impartial listener. Through the use of direct quotations the mediator will gain
the confidence of the party being quoted.
In this stage the two mediators do most of the speaking.
Page 4
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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