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Mediation is a facilitated negotiation. Youll do better adhering to the five predictable stages Preliminary stage. The first step in the process is the preliminary stage, during which youre deciding whether to mediate. Preparation stage. Information stage. Negotiation stage. Closing stage. The takeaway.
Mediation is a flexible dispute resolution process in which an impartial third party facilitates negotiations between parties to help them devise their own, mutually acceptable solutions. The mediator will ask questions, reframe issues, assist the parties to understand each other, and help identify solutions.
In this process, an impartial person referred to as a neutral or mediator, helps facilitate communication between the parties. During the mediation session, the mediator helps the parties discuss the problem, identify the real issues, and explore options to create a voluntary, mutually acceptable solution.
A mediation session looks like a meeting with the participants sitting around a table. There is no written, audio, or video recording of the session. The atmosphere is informal and conversational. The mediator explains the Agreement to Mediate and asks the parties to sign it.
Dont Make Ultimatums. Avoid saying, If you dont give me x, I will take this case to trial. Mediation is about working together toward a mutual resolution. Issuing an ultimatum is not working together and will decrease your chances of success.
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Mediation is a process that can be conducted in three ways that vary in formality, goals, the mediators techniques, and outcomes. Listed from more formal to less formal, the styles of mediation are: settlement conference, facilitative, and transformative.
Mediators are impartial with no personal interest in the dispute they are mediating. They do not judge or assess blame. A mediator is expected to guide the negotiations and communications between the parties. In cases where the issues are clearly defined, the mediator may simply facilitate discussions.
Uses. In addition to dispute resolution, mediation can function as a means of dispute prevention, such as facilitating the process of contract negotiation. Governments can use mediation to inform and to seek input from stakeholders in formulation or fact-seeking aspects of policy-making.

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