Mock Mediation Guide - Law Society Of New South Wales, Australia Page 6
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16Mediators’ Role
•
Explain the purpose of stage.
•
Remain seated other than when writing on the white board.
•
Parties are encouraged by the mediators to clarify and to discuss their issues.
•
Mediators ask open-ended questions that encourage the parties to engage in
conversation.
•
Encourage parties to communicate with each other.
•
Reaffirm guidelines if the discussion becomes heated or to manage behaviour.
•
Ask a different party to select the next item for discussion
•
This process repeats until all items have been discussed
•
Keep summarizing and reporting progress to acknowledge agreed outlooks
•
To move on stuck arguments, the mediators will need to use their skills to draw
attention to parties’ common ground or mutual interests rather than their
differences. This help parties to understand each other’s’ point of view. Do not
give any indication that you agree or disagree – remain impartial.
Parties’ Role
•
Discuss their issues with each other.
•
Raise some of the confidential facts including some more of their interests and
concerns.
•
Clarify and explore each key point.
•
Release information that helps others to understand their interests.
Generation and Recording of Options
After clarifying and exploring each of the key points on the agenda the dialogue shifts
to being entirely future focused. Options are generated for each key point and noted
on the board to be discussed later. It is important to get as many options as possible
on the white board/butcher’s paper. All parties should be encouraged to make
suggestions. It is a brainstorming session. All suggestions will have equal validity and
should be written up without allowing discussion.
Mediators Role
•
One mediator explains the brainstorming process outlining that in this exercise
the parties are encouraged to list as many options as possible, without evaluating
them, thus allowing for creative solutions to be suggested.
•
One mediator remains seated and facilitates the brainstorming process.
•
The other mediator writes the suggestions on the white board. It is very important
that the options are generated by the parties, not the mediators.
Parties’ Role
•
Contribute options which meet their interests based on both the common facts
and on the confidential facts.
Initial Private Sessions and Exploration of Options
Page 6
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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