The Mediation Process
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OPEN JOINT MEETING
- Introduction
- Opening statement by mediator
- Opening statements by each party
- Mediator's closing remarks
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1. OPENING PHASE |
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OPEN JOINT MEETING
- Explore issues
- Explore each party's positions and issues
- Exchange information
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2. EXPLORATION PHASE |
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CLOSED MEETINGS
- Mediator explores each party's case
- Mediator carries out 'reality checks'
- Parties and mediator explore strategies for settlement
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OPEN JOINT MEETING
May be convened in this phase if easier for parties (or their lawyers or experts) to explore settlement of an issue 'face to face'.
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3. BARGAINING PHASE |
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CLOSED MEETINGS
- Mediator acts as 'shuttle diplomat'
- Parties make and consider offers and concessions
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OPEN JOINT MEETING
- To confirm settlement terms
- Lawyers will work together to draft settlement agreement
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4. SETTLEMENT PHASE |
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Last modified: Thursday, 25 January 2024, 4:35 PM