Mock Mediation Guide - Law Society Of New South Wales, Australia Page 7
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16The aim of this stage is to further explore the options and to negotiate. By this stage it
is likely that there will be considerable co-operative discussion directly between the
parties it is important that all parties participate in the decision-making.
The mediators should pay particular attention to maintain a future focus so as to
encourage resolution.
Mediators’ Role
•
Explain purpose of stage.
•
Encourage the parties to make proposals that will meet their needs and the
needs of the other party.
•
If no one wants to start the discussion the mediators may begin by giving an
overview of the progress to date.
•
Maintain future focus
Parties’ Role
•
Put forward suggestions that they think will work.
•
Ensure the needs of your character are being met.
•
Propose solutions that meet the other party’s needs.
Private meetings
Sometimes the mediators or the parties may need to take time out away from the
mediation in order to consider any new information, discuss options raised, calm
down or think about whether the agreement would work (ie reality testing). Private
meetings for these purposes are permissible but not compulsory.
Subsequent Joint Sessions & Negotiate Final Agreement
Reality testing is a process of checking that the negotiated agreement will actually
work. It is an essential part of the negotiations to ensure that the proposals are
workable. The proposals must meet the needs of each party and all issues from the
original agenda must be addressed.
The mediators must ensure that it is clear who will do what and when. The mediators
need to time manage the process to ensure the mediation is closed on time. Do not
try to rush a resolution. It is better to agree on issues that have not been resolved
and to determine the next steps, such as a subsequent mediation or perhaps to do
further research and to agree who will do this and how the outstanding matters will be
resolved.
Page 7
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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