Mock Mediation Guide - Law Society Of New South Wales, Australia Page 9
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16Role of Team Members
The team comprises six students with varied functions.
Mediators
The role of the mediators is a neutral one. They must not take sides or give their
opinion. They facilitate the mediation process by acknowledging emotions, creating
clear communication channels, using careful questioning to get all the hidden facts
on the table, helping the parties to generate options, work towards agreements and
then check that any agreement is workable. The mediators should co-operate with
each other, so one mediator might be asking questions of the parties while the other
mediator might be noting the issues raised or the options generated. Care should be
taken to ensure both mediators contribute in all sections of the mediation so they can
achieve maximum scores. At the same time, one of the core concepts of mediation
which needs to be observed is that the parties communicate with each other rather
than discuss issues through the mediators. At all times throughout the mediation
process the mediators need to encourage the parties to have the courage to take
responsibility for the form of the resolution reached.
The mediators will
•
Show balanced teamwork.
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Each mediator introduces themselves.
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One mediator asks both members of each party to introduce themselves
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Welcome the parties and commend them for coming to mediation.
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Explain the Mediation Process
Explain each stage of the process to inform the parties what to expect, including
Private Sessions. Private Sessions are a strategy of intervention and are used
when the mediators or the parties need to take time out away from the mediation
to consider new information, discuss options raised, calm down emotions or think
about whether the agreement would work and to think about their alternatives.
Sessions are used at the discretion of the mediators or as requested by the
parties and are not essential.
•
Explain the Mediation Principles
Mediation is a voluntary process and either party can withdraw or the mediators
can terminate if they believe they cannot continue. Mediation is confidential and
mediators will be impartial. They will facilitate the process, assist the parties to
identify the issues and possible solutions and work toward an agreement. A
similar amount of time will be offered to each party at each stage.
•
Explain Mediation Guidelines
Each person is to be allowed to finish speaking and parties will speak politely and
respectfully to each other. Confirm agreement on the mediation guidelines from
all parties and ask parties if they have any questions.
Page 9
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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