The Australian National Mediator Approval Standards defines mediation as:
“a process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision.”
The mediator may assist the participants to:
· communicate with each other
· identify, clarify and explore disputed issues
· generate and evaluate options
· consider alternative processes for bringing any dispute or conflict to a conclusion
· reach an agreement or make a decision about how to move forward and/or enhance their communication in a way that addresses participants’ mutual needs with respect to their individual interests based upon the principle of self determination.
There are a number of different models of mediation. However, the process of mediation usually looks something like:
1. Opening & welcome by the mediator
2. Opening comments from the parties
3. Mediator reflects on the parties’ comments and identifies the issues
4. The issues are explored in detail
5. Private sessions (discussions between be the mediator and each party privately)
6. Negotiation
7. Private sessions
8. Closure
This process can vary depending on mediator style and the willingness of the parties to remain in a group forum to explore the issues. Steps 5, 6 and 7 can be repeated multiple times depending on the vigour with which the parties are negotiating!
A few other points to note in relation to mediator conduct ….
Mediators:
· are impartial
· manage the process
· facilitate communication
· help the parties to hear and understand each other
· assist parties to evaluate alternatives and options
Mediators do not:
· give advice
· determine the solution
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