1. assist parties to understand
2. 1. opening statement
   1. introductions
      1. how addressed
   2. explain process
      1. informal
      2. respectful
      3. voluntary
   3. explain role of mediator- impartial
      1. facilitator
      2. 80% success rate
         1. not perfect
         2. your agreement
   4. check authority to settle?
      1. agreement to mediate signed?
   5. confidentiality
      1. subject to anyone needing to know outcome.
         1. eg CEO
   6. without prejudice
   7. flag separate sessions a possibility
   8. legal status of outcome
   9. times/ breaks/ toilets/ phones etc
   10. role 3rd parties if relevant
3. 2. parties opening statement
   1. why you've come?
      1. what hoping to achieve?
   2. who goes first
   3. listen
      1. nodding
   4. some attention to other party
   5. speak uninterupted
   6. not a stage for options for solutions
   7. take notes and summarise
   8. ask clarifying qns if necessary
   9. purpose
      1. inform mediator
         1. from the parities perspective
         2. own words
      2. helps identify list of matters for discussion
         1. agenda
      3. opportunity to state
         1. story
         2. concerns
         3. position
         4. while other party listens
      4. opportunity to be heard
         1. by mediator
         2. by other party
         3. allows self expression
4. 3. Matters for Discussion/ issues / agenda
   1. structure for dialogue
   2. validates parites issues
   3. reassures
      1. comcerns will be addressed
   4. breaks down into manageable pieces
      1. removes sense of being overwhelmed
      2. map for possible resolution
   5. objectify the substantive issues
      1. focus
         1. on problem
         2. not people
   6. assist parties/ start to work together
      1. process
         1. conflict
         2. dispute
   7. remind of process
      1. signpost transition
         1. from opening
         2. towards solution
      2. use white board
      3. list
         1. input from parties
         2. mediator my develope their own with endorsement from parties
      4. what need sot be discussed
         1. not discussion
      5. mutualize and neutralise
         1. our issue to be resolved
         2. no blame/ responsibility
      6. allows a broad discussion
5. 4. Explore/ define the problem
   1. pick first issue perhaps easiest
   2. consider a focussed question
      1. what happened?
      2. clarify / confirm facts
   3. opportunity for parties
      1. perspectives
      2. perceptions
      3. any misconceptions ?
   4. ensure discusion
      1. same premises
      2. shared understanding
      3. focus on interest not grievance
   5. express
      1. points of view
      2. perceptions
   6. identify
      1. needs / interests
      2. future goals objectives
   7. assist
      1. improving communication
         1. interpreting
         2. bridging
6. 4b. Separate sessions
   1. confidential/ unless disclosure approved by the party
   2. fair and equal time and consideration
   3. explore
      1. reality test
         1. positons
         2. assumptions
         3. options
   4. move beyond impasse
      1. reduce tension
      2. manage emotion
   5. explore BATNA "best alternative to a negotiated outcome"
   6. assist / techniques
      1. communicating
      2. negotiating
   7. risks
      1. being percieved as an advocate
         1. for either party
      2. breaching confidentiality
      3. may inhibit communication
      4. disclosure of important info
         1. not disclosed to other
         2. possible unethical activity
      5. perceived as conspiratorial
7. 5 Generate Options
   1. analyse
      1. what happened/ went wrong
      2. what did/ didnt work
   2. analyse gaps
      1. improvements in future
   3. map
      1. needs /interests
      2. objectives
         1. strategies to achieve
   4. commercial
      1. payment terms
      2. valuations
      3. future business
   5. cost/ benefit
      1. win - outcome at what cost
      2. loss - at what cost
   6. brainstorming
      1. mapping
   7. mediator
      1. can suggest options
         1. but risks : perception of bias perceived as manipulation
      2. relevant to needs identified by clients
8. 6. Evaluate Options
   1. not necessarily one stage
   2. but necessary if multiple options on the table.
   3. reality test
      1. time?
      2. budget?
      3. resources?
   4. genuine committment
      1. shift situation
   5. perhaps seek agreement on broad principles to start with
      1. fill in details as trust/ confidence grows
9. 7 Finalise Agreements
   1. binding
      1. agreement
         1. perhaps heads / subject to legal advice
         2. ensure all issues covered: parties time date place
         3. operational factors
            1. who what when where when
            2. sufficient detail
            3. contingency plans?
            4. number / sign all shaeets
            5. signature/ witnessed
      2. or statement of outcomes