Stage 1: Mediator’s opening statement
After the disputants are seated at a table, the mediator introduces everyone, explains the goals and rules of the mediation and encourages each side to work co-operatively towards a settlement.
Stage 2: Disputant’s opening statements
Each party is invited to describe the dispute and its consequences, financial and otherwise. The mediator might entertain general ides about resolution, as well. While one person is speaking, the other is not allowed to interrupt.
Stage 3: Joint discussion
The mediator might encourage the parties to respond directly to the opening statements, depending on the participant’s receptivity, in an attempt to further define the issues.
Stage 4: Private caucuses
The private caucus is a chance for each party to meet privately with the mediator. Each side will be placed in a separate room. The mediator will go between the two rooms to discuss the strengths and weaknesses of each position and to exchange offers. The mediator continues the exchange as needed during the time allowed. These private meetings comprise the guts of mediation.
Stage 5: Joint negotiation
After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually doesn’t bring the parties back together until a settlement is reached or the time allotted for the mediation ends.
Stage 6: Closure
The parties reach an agreement, the mediator will likely put its main provisions in writing and ask each side to sign the written summary of the agreement. If the parties didn’t reach an agreement the mediator will help the parties determine whether it would be fruitful to meet again later or continue negotiations by phone.
Next steps
If you want to find out anything further about this topic then please feel free to call me on 0330 236 9930, 0330 236 9938 or 07961 116321. All conversations will be in strict confidence. You can also email me vee@navigatebr.com.
This article is for information and interest only. It is not a substitute for full professional advice, which will take in to account the specific and individual circumstances. Navigate Business Recovery Limited cannot accept any responsibility for any loss arising as a result of any person or organisation acting or refraining from acting on any information
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