The mediator’s opening statement sets the tone for the mediation and helps the mediator develop a rapport with the parties. The mediator needs the parties to develop a confidence in the process, and in them as a mediator, otherwise they may as well all shut up shop and go home now. If a mediator struggles to gain the confidence of the parties that they are a capable person to mediate their dispute then it can be hard to reach a resolution, unless the parties are feeling particularly amicable (one can dream!).
The way that the mediator conducts the opening and welcome will of course vary with mediator style and personal preference. This is a good thing because this variation will mean that the mediator is explaining the process and setting the tone for the session in a manner that they will feel comfortable with and that in turn, will help the parties to feel more comfortable. One thing that is important though, regardless of personal style, is that both parties should feel that the mediator has a balanced approach. The mediator can easily achieve this by sharing their body language and eye contact evenly between the parties.
So what actually should be included in the mediator’s opening statement? The list below outlines the basics that are generally covered in the welcoming by the mediator.
· Welcome and introductions including how people want to be addressed (Dr Roberts? Madame Mouse?)
· Explain the role of the mediator including that they do not have a role in deciding the outcome
· Explain the mediation process
· Confirm the agreed timeframe for today’s session
· Confirm the “Mediation Agreement” is understood and signed
· Discuss confidentiality
· Outline the guidelines of conduct
· Remind the parties they are there to try to reach a resolution and obtain a commitment from all parties to begin
No comments:
Post a Comment