The Practice of Mediation: An Introduction

Introduction:

This introductory note focuses on the practical aspects of mediation. It highlights all that happens after the parties have decided to submit their dispute to mediation and have duly appointed a mediator.

Highlight of the Phases of Mediation:

Mediation, often said to be informal, consists of several structured phases, each of which is designed to increase the likelihood of the parties reaching a settlement agreement. The phases are:

1. Mediator’s opening statement: This is an introductory statement made by the mediator to the parties. Among others, it introduces the parties, establishes a comfortable environment, establishes that the mediator controls the process and the parties control the outcome, discusses time restraints, explains the mediation process, and assures parties of confidentiality.
2. Story telling: This phase is where the parties tell their stories without interruption. Here, each disputant explains their perspective of the conflict, providing their version of events and expressing their emotions freely without interruptions from the other party. It is for this reason that this phase is called the venting phase.
3. Defining the problem or setting the agenda: Here, the issues that will dominate the negotiation are framed by the mediator. The mediator, among others, will list and prioritise these issues, frame them to promote acceptance and co-operation and not resistance, highlight underlying interests and look for common ground.
4. Searching for a solution: Here, the disputants are guided to think of options to resolve their dispute.
5. Finalising the agreement: If the parties reach an agreement, it is finalised and written down. They are also made to sign. The agreement reached is referred to as the settlement agreement.
6. Closure: Here, the parties are thanked for participating in the session, and copies of the settlement agreement are distributed among others.

These phases are discussed extensively in subsequent notes.