Typically, the day of mediation will follow a pattern, commonly referred to as the “5 Stages of Mediation.” The purpose of these five mediation steps is to reach a reasonable and acceptable resolution to the conflict. The intervals are:
The first stage entails convening a mediation session. Obtaining the parties’ agreement to arbitrate their issue. The parties will be informed of the advantages of mediation High Wycombe, including the fact that it is less costly, quicker, less stressful, neutral, and private. In this phase, administrative concerns will also be addressed.
Introduction to the First Day and Session of Mediation Each mediation High Wycombe begins with a “opening statement” that, despite differing in style, always emphasises setting the appropriate tone – one of positivity and mutual respect – and stating the day’s objectives and “housekeeping.” The disputing parties have the option of listening to this opening statement together or individually and in silence.
Third stage – The mediator will meet separately with each party to hear their side of the tale. The mediator will listen as the parties describe what occurred, how the events affected them, and the intended resolution. This phase enables both parties to feel “heard” and the mediator to begin assisting them in gaining a productive perspective on the issues at hand.
The fourth stage – . This is the beginning of the bargaining process. The mediator will assist the parties in letting go of unproductive positions and emotions, and will often play devil’s advocate with them to “reality check” their assumptions and assist them in gaining a more accurate understanding of what is likely to occur in court, as well as their own self-interests and chances of success. As the parties begin to analyse the situation from a broader perspective, they are frequently able to move closer to an agreement that is mutually beneficial.
Stage 5 and concluding: clarification and accord In the vast majority of mediations, the conflict is resolved through the final compromises and changes. In the vast majority of cases, the negotiation process will end in a settlement that is preferred by both parties over going to court. If such an agreement is reached, it is customary for the legal representatives to draught and sign a memorandum to formalise the arrangement.
What If There Is No Settlement?
If a settlement cannot be achieved, the parties may proceed to court if they so want.
In fact, the majority of mediations that fail to produce an agreement on the day do so shortly thereafter. Even for cases that proceed to court, mediation will yield useful information.