This document provides an overview of mediation and the mediation process. It discusses:
1. The definition and goals of mediation, which aims to facilitate voluntary agreements through communication and negotiation assisted by an impartial mediator.
2. The role of the mediator is to facilitate communication between the disputing parties in a neutral manner, without decision-making power.
3. The stages of mediation include opening statements by each party, joint discussion, private caucuses, option generation, and closure.
4. Key aspects are that mediation is confidential and voluntary in nature. The mediator's role is to ensure understanding between parties to resolve disputes cooperatively.
This document provides an overview of mediation and the mediation process. It discusses:
1. The definition and goals of mediation, which aims to facilitate voluntary agreements through communication and negotiation assisted by an impartial mediator.
2. The role of the mediator is to facilitate communication between the disputing parties in a neutral manner, without decision-making power.
3. The stages of mediation include opening statements by each party, joint discussion, private caucuses, option generation, and closure.
4. Key aspects are that mediation is confidential and voluntary in nature. The mediator's role is to ensure understanding between parties to resolve disputes cooperatively.
This document provides an overview of mediation and the mediation process. It discusses:
1. The definition and goals of mediation, which aims to facilitate voluntary agreements through communication and negotiation assisted by an impartial mediator.
2. The role of the mediator is to facilitate communication between the disputing parties in a neutral manner, without decision-making power.
3. The stages of mediation include opening statements by each party, joint discussion, private caucuses, option generation, and closure.
4. Key aspects are that mediation is confidential and voluntary in nature. The mediator's role is to ensure understanding between parties to resolve disputes cooperatively.
This document provides an overview of mediation and the mediation process. It discusses:
1. The definition and goals of mediation, which aims to facilitate voluntary agreements through communication and negotiation assisted by an impartial mediator.
2. The role of the mediator is to facilitate communication between the disputing parties in a neutral manner, without decision-making power.
3. The stages of mediation include opening statements by each party, joint discussion, private caucuses, option generation, and closure.
4. Key aspects are that mediation is confidential and voluntary in nature. The mediator's role is to ensure understanding between parties to resolve disputes cooperatively.
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T I O N /
ME D I A AT I O N N C I L I CO Mediation
a voluntary process in which a mediator,
selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute. (Sec. 3 (q), R.A. 9285 - Alternative Dispute Resolution Act of 2004) Mediator Facilitates Communication Strategies to Improve Communications Active Listening Reframing Asking Effective Questions Goal of Listening Skills Effective Listening Skills are ABSOLUTELY CRUCIAL to the effective management of conflict GOAL: To show you hear and understand the other person, and that you are interested in what the other person is saying Listening Builds Trust
Because they have been heard, they are
willing to share information More information provides more options and helps identify interests behind positions Listening can also help separate the people from the problem. Participants who feel heard are more willing to hear others Demonstrate that You are Listening
• Use non-verbal behavior; eye contact,
nodding, taking notes, use appropriate facial expressions, etc. • Use verbal behavior to show understanding; small comments like yes or ok, paraphrasing, summarizing Mediator Facilitates Negotiation Negotiation Styles
(high) X Accommodating X Problem-solving /
principled Relationship
X Compromising (low)
X Avoiding X Competitive
(low) Interest/Outcome (high)
Position-Based Negotiation
Focuses on pre-determined solutions
Attacks the opposing parties’ positions
Produces unsatisfactory agreements
Elements of Principled Negotiation
1. Separate people from the problem
2. Focus on interests rather than positions 3. Inventing options 4. Use objective criteria 5. Know your BATNA ISSUE
Who gets the orange?
EXAMPLES OF INTERESTS
Goodwill Reputation Relationships Security Economic well-being Recognition A sense of belongingness Techniques for generating options
1. Brainstorm (problem-solving) 2. Focus on interests, not positions 3. Search for mutual gains 4. Invent a number of options 5. Propose package deals in which several issues being negotiated become part of the agreement Objective Criteria (Mutually Acceptable Yardsticks)
Possible objective criteria:
• What is customary (Others in the industry do..) • Precedent (The last time this happened ...) • Law (The standard contract says . . .) • Cost effectiveness • Efficiency • Scientific judgment/expert advice
No longer a contest of wills BATNA
Best Alternative to a Negotiated Agreement
(Walk Away Position) • Consider what you will do if an agreement is NOT reached • Weigh every suggested outcome against your BATNA • Must be real and concrete Stages in the Mediation Process (Art. 3.17 (d), Rule 5, IRR of RA 9285)
opening statement of the mediator
individual narration by the parties exchange by the parties summary of issues generation and evaluation of options closure Parts of the Opening Statement
1. Introduction 2. Welcome 3. Mediation Overview 4. Role of Mediator 5. Role of Parties 6. Voluntary 7. Confidential 8. Stages of Mediation 9. Ground Rules 10.Authority to Settle 11.Questions 12.Permission to Proceed 1. Introduction Introduce Yourself • Greetings • I am _________________ • I am pleased to have been selected as your mediator (member of the pangkat) Parties’ Names and Position (Correct Names and Positions • On my left is ________________________ • On my right is _______________________ 2. Welcome
Welcome Statement • I commend you for choosing Mediation as a means to resolve your disputes • By doing so, you have given yourselves the opportunity to solve issues in a non- adversarial atmosphere with greater speed and at less cost 3. Mediation Overview Background • Mediation is a voluntary process for resolving disputes in which an impartial and neutral third party, who has no power to make decisions, assist in a face to face meeting of parties with the basic aim of reaching a mutually beneficial agreement Goals and Expectations • To resolve issues in a cooperative and non- adversarial way (find a win-win formula for all) • What is needed is SINCERITY of the parties 4. Role of Mediator Training • I have been trained to handle issues such as yours Role • I have no authority to decide • I have no authority to suggest solutions • I am task to help the parties facilitate communication and negotiation in reaching a voluntary agreement 5. Role of Parties
In turn, you have the responsibility to
play an active role here You will be asked to speak and to make decisions which should be fair to all 6. Voluntary Agreement to Mediate • Mediation is voluntary • Either party may call off the mediation at anytime during the proceedings and go to the next process • As the mediator, I can also end the session if I believe that no resolution is within reach Agreement to be bound • Either party may refuse to be bound by any proposal unless an amicable settlement has been reached and signed by the parties 7. Confidentiality
General Rule • The mediation proceedings and all its incidents are strictly confidential • All admissions and statements made during the proceedings are inadmissible as evidence for any purpose Mediator’s Notes & Transcripts • The mediation proceedings shall not be recorded and no transcripts shall be made • Any notes made by me shall be destroyed at the end of mediation proceedings • It is only the result of the mediation proceedings that will be recorded • If successful, the amicable settlement will be made which is not confidential • Unless given the permission to do so, I will not tell the other party of any statement said to me in confidence or during any private caucus Party’s statements • Neither can I be required by the court to inform it of the admissions and statements made by either party during mediation 8. Stages of Mediation
Parties’ Opening Statement
• Let me explain on how we are to proceed • I shall ask each party to make an Opening Statement – to tell me their story from their point of view • If I take notes while the other party is making his/her opening statement, it does not mean that I agree or disagree Joint Discussion • After each of the party shall have made their opening statement, we shall have a joint discussion Caucus • At some point in time, I may want to talk to each of the parties separately. We call this a “Caucus” • During the “caucus”, I will do my best to spend equal time with each party. However, if I do a little more time with one party during a Caucus, it does not mean that I favor that party • All matters discussed during the Caucus is again Confidential and I shall not inform the other party of the discussions unless permission is granted to me to do so No time pressure • One advantage of Mediation is that there is no time pressure. This room is available for us as long as we want and as long as our efforts are productive • If you want to take a break, just tell me 9. Ground Rules
Rules • Here are the ground rules on how we shall conduct ourselves during the Mediation sessions (Get the parties to agree to each ground rule) • 1st, let’s agree not to interrupt while one party is speaking • 2nd, while one party speaks, the other shall attempt to respect and listen to the views of the other • 3rd, common courtesy shall be observed. As much as possible, let’s avoid name- calling or disrespectful language. No swearing please. • 4th, only one person speaks at a time • 5th, each party shall be allowed to talk for no more than 3 minutes at each instance • 6th, the next rule is to keep comments relevant. Focus more on the issues and not on the personalities • 7th, derogatory language or attacks on other party’s values or culture are not permitted • 8th, let us keep our voices within reasonable limits and not to shout at the other party • And most importantly, do you promise to give your full and sincere cooperation with the view of successfully resolving the disputes? • Is there any other ground rule you may want to add? 10. Authority to Settle
I would like to confirm your authority to
settle 11. Questions
Clarifications • At this point, I would like to know if you have any question or clarification regarding Mediation or any of the rules and procedures? 12. Permission to Proceed
Commitment to Mediate • Before we proceed, are you willing to submit your case/dispute to Mediation Go ahead • Ok, then let’s proceed. Let’s begin with you ... Ethical Conduct of Mediator Rule III, IRR of RA 9285 Competence Impartiality Confidentiality Consent and Self-determination Separation of Mediation from Counseling and Legal Advice Competence
It is not required that a mediator shall
have special qualifications by background or profession. However, the mediator shall: • maintain and continually upgrade his/her professional competence in mediation skills • ensure that his/her qualifications, training and experience are known to and accepted by the parties; and • serve only when his/her qualifications, training and experience enable him/her to meet the reasonable expectations of the parties • Upon the request of a party, an individual who is requested to serve as mediator shall disclose his/her qualifications to mediate a dispute. Consent and Self-Determination make reasonable efforts to ensure that each party understands: • the nature and character of the mediation proceedings including private caucuses, • the issues, • the available options, • the alternatives to non-settlement, and • that each party is free and able to make whatever choices he/she desires
