1. Introduction
- Introduce yourself
- Introduce parties
- Clarify how everyone would like to be addressed
- Thank everyone for attending
- Check parties have authority to settle, that everyone capable of influencing the outcome is in the room
- Check everyone has signed the agreement to mediate
2. Ground rules
- Aim: to reach an agreement that is satisfactory to all
- Confidentiality: everything is confidential; ask parties to keep it so. Nothing must leave the room without the parties' express permission.
- For parties to come up with agreement
- Discussions will be non-binding until reach agreement
- Without prejudice in the event no agreement is reached
- Voluntary: door is always open
- Any questions?
3. Clarify your role as a mediator
- Not a judge and will not impose a judgment
- Will reality-check offers
- May need to play devil’s advocate and ask difficult questions to help your understanding
- Will guide discussion
4. Outline structure
- This is the opening statement
- Soon will invite both parties to present their position statements
- Avoid interruption
- There will follow private individual meetings
- Those meetings are confidential
- When agreement is reached, it will be formalised at a joint closing session, put in writing, and signed
- Everyone will take a copy
5. Position statements
- Invite position statements from both parties
- ‘It is a general principle that whoever is bringing the claim speaks first, and on that basis I would like to invite Party 2 to present your understanding of the case first.’
- Avoid interruption
6. Closing
- Thank parties for their position statements
- Remind that aim is to reach agreement
- Questions?
- Confidentiality reminder
- ‘You may remember Party 2 gave their position statement first. In the interests of fairness, with your agreement, I’d like to invite Party 1 to the first individual session with me now.’
Summary
- Introduce yourself
- Introduce parties
- Clarify how everyone would like to be addressed
- Thank everyone for attending
- Check parties have authority to settle, that everyone capable of influencing the outcome is in the room
- Check everyone has signed the agreement to mediate
- Aim: to reach an agreement that is satisfactory to all
- Confidentiality: everything is confidential; ask parties to keep it so. Nothing must leave the room without the parties' express permission.
- For parties to come up with agreement
- Discussions will be non-binding until reach agreement
- Without prejudice in the event no agreement is reached
- Voluntary: door is always open
- Any questions?
- Not a judge and will not impose a judgment
- Will reality-check offers
- May need to play devil’s advocate and ask difficult questions to help your understanding
- Will guide discussion
- This is the opening statement
- Soon will invite both parties to present their position statements
- Avoid interruption
- There will follow private individual meetings
- Those meetings are confidential
- When agreement is reached, it will be formalised at a joint closing session, put in writing, and signed
- Everyone will take a copy
- Invite position statements from both parties
- ‘It is a general principle that whoever is bringing the claim speaks first, and on that basis I would like to invite Party 2 to present your understanding of the case first.’
- Avoid interruption
- Thank parties for their position statements
- Remind that aim is to reach agreement
- Questions?
- Confidentiality reminder
- ‘You may remember Party 2 gave their position statement first. In the interests of fairness, with your agreement, I’d like to invite Party 1 to the first individual session with me now.’
1. Introduction
2. Ground rules
3. Clarify your role as a mediator
4. Outline structure
5. Position statements
6. Closing