Mock Mediation Guide - Law Society Of New South Wales, Australia Page 5
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16Mediator 1: (Summary)
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The mediator that took the notes thanks the parties for their cooperation.
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Explains that the purpose of stage is to:
confirm that the mediators have understood the parties’ perspective of the
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dispute;
agree the issues in dispute that will need to be discussed further.
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The mediator who took notes reports back what they heard each party say using
reported speech (second person) “you said… you went on to say…I heard you
say” (Report back to each party individually and gain approval before moving to
the next party).
Ask each party to confirm that the mediator accurately reflected back what was
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said and give them an opportunity to add points, clarify or correct statements.
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Each party confirms, adjusts or adds to their statement when the mediator reads
it back.
Mediator 2: (Agenda Setting)
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The key points are written on the whiteboard or butcher’s paper. They have an
important task in that those key points will form the basis of the dialogue to
follow.
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The key points must identify the problems common to both parties, in an impartial
way to help steer the mediation toward mutual agreement.
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Explain the purpose of the agenda.
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The other mediator reads back the key points for confirmation, or clarification.
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Note on the whiteboard all common key points to be raised for discussion and
seek assistance from the parties.
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Only key points, which all parties agree to, are added to the list on the board.
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The aim is to have one list of issues which both parties are willing to discuss.
Parties’ Role
Think about the agenda and provide input as appropriate to ensure it is a mutual
agenda.
Initial Joint Session
The aim of this stage is for the mediators to encourage the parties to talk directly to
each other. The parties do most of the talking. It is where the parties can express
emotions and behaviours that may be associated with their character based on the
circumstance of the scenario and the confidential facts.
The mediators use their skills to keep the parties focused on one issue at a time to
enable clarification of each party’s perspective.
Page 5
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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