What are the 4 Cs of mediation?

• Mediation is voluntary. Both of you have to want to mediate, and either of you can stop the mediation process at any time. ...
• Mediators are impartial. The mediator does not take sides, and is always there for both of you. ...
• Mediation is confidential. ...
• In mediation, the clients are in charge.

• Stage 1: Mediator's opening statement. ...
• Stage 2: Disputants' opening statements. ...
• Stage 3: Joint discussion. ...
• Stage 4: Private caucuses. ...
• Stage 5: Joint negotiation. ...
• Stage 6: Closure.

What are mediation techniques?

Rather than imposing a decision, mediation techniques such as communication skills, objectivity, and creativity can help disputants reach their own voluntary solution to the conflict.

What is the 3 stage process of mediation?

The functional stages of the mediation process are: 1). Introduction and opening statement 2). Joint Session 3). Separate Session (s) 4).

What is the golden rule mediation?

Here are some golden rules: If your opponent proposes mediation, you must respond to the request. It is unreasonable to remain silent. It is also unreasonable to respond to a request by dragging one's feet.

What is the hardest part of mediation?

Unlike litigation or arbitration, the process is not adversarial. It is not necessary to prove that one party is at fault. The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute.

What are 3 good characteristics of a mediator?

The most successful mediators are empathetic, non-judgemental, have patience and persistence, are optimistic, trustworthy, sharp minded and creative and that they have a good common sense and a good sense of humour.

What makes a good mediation?

An unbiased mediator without any decision-making power who helps those involved to understand each other's point of view and come to an agreement. Equal opportunities for all participants to speak and explain their perspective. All relevant information being shared. A shared agreement between the parties.

What makes an effective mediation?

When it comes to successful mediation, impartiality is as important as approachability. To be effective, a mediator must be able to control their feelings and not invest emotionally in the outcome of the proceedings.

What are the six techniques for mediation?

What are the 7 elements of mediation?

A framework for understanding and analyzing negotiation. The seven elements include interests, legitimacy, relationships, alternatives, options, commitments, and communication.

What are the common mistakes in mediation?

What makes mediation ineffective?

A mediation can fail. If the parties leave a mediation in a worse position than when they arrived, that would be a failure. If the mediation process is not structured so as to allow people to get the information that they need to make an informed decision about whether to settle, that would be a failure.

What is the primary weakness of mediation?

Because the mediator has no power to impose a resolution of the dispute on the parties, the parties must be willing to compromise. Mediation costs money, and an unsuccessful mediation will result in additional costs of litigation. Costs are usually split between the parties.

What are good ground rules for mediation?

How do you balance power in mediation?

Eleven steps are suggested for addressing power imbalances in mediation: (1) do not make unnecessary assumptions about existing power relationships, (2) exploit mediation's innate ability to address power imbalances, (3) encourage the parties to share knowledge, (4) use the parties' desire to settle as a lever, (5) ...

What is the last step in mediation?

There are 6 steps to a formal mediation; 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement.

How long does mediation take?

Mediation usually takes between three and six sessions. Each session lasts approximately one hour.

What is the closing statement of a mediator?

Closing Statement

Once parties agree on the terms of the settlement, the mediator orally confirms the terms and after that, the agreement is reduced to writing. The agreement should be signed by the parties and their counsel. Mediator has to affix his signature on the agreement.

What is the opening statement of a mediator?

I am pleased to be here to assist you in working through your issues and believe you will find mediation to be a very helpful process. Thank you for committing to be here today. If any of you have a special need during the session, please let me know now or at any time during this session.

What to say and what not to say in mediation?

Don't Be Angry.

Don't raise your voice or say swear words during the process. Instead, work on regulating your own emotions. It's okay to express your emotions constructively, but too much anger during mediation can certainly get you in trouble.

How do you stay calm in mediation?