There is a chain/stages of mediation process which has to be followed by the mediator for the settlement.
At the starting of the mediation, the mediator shall ensure that parties with their counsel are present.
INTRODUCTION AND OPENING STATEMENT
The mediator introduces himself by giving the information such as his name and qualification. Mediator requests the parties and their counsels to introduce themselves.
The mediator expresses the hope that the matter would be amibacly resolve , in order to get the trust and confidence of each party.
In the opening statement , the mediator explain to the parties the concept , process , advantages and stages of mediation.Also , the ground rules of the mediation are told .Finally the mediator confirms that process is cleared by both the parties and shall give them opportunity to get the doubts clarified.
After opening statements are complete, and depending on the dynamics, everyone at the table may have the chance to discuss what was presented in opening statements. If so, focus on asking both parties open-ended questions to build a dialogue about what happened and the issues that must be dealt with to bring a resolution to the situation.
This could involve payment, a division of property, or even custody agreements in family law cases. Try to keep the situation as calm as possible at this point. Encourage everyone to take turns and respond without anger.
In the communication stage, If emotions run high during a joint session, the mediator might split the two sides into separate rooms for private meetings, or caucuses. Parties speak more freely in absence of other party about what happened, what effect it has held on them, and how they feel about it. This phase is important because it help highlight risk and evaluate the credibility and impact of witnesses. It also meet the human need to be held and present the opportunity for the understanding and acknowledgment of others’ needs, feelings and problems. Such understanding can make settlement easier.
The mediator can conduct as many as separate session as necessary and may even conduct the sub session with the counsels , if required.The parties negotiated through the mediation for a mutually settlement .The mediator directs the parties to a option which he feel serve the best interest of both the parties.However , if the negotiation fails and settlement cannot be reached the case is returned to referal court.
This is the final step in the process. If you cannot reach a settlement, you’ll simply help both sides decide whether to try again or to take the case to trial. If the parties have reached an agreement, though, you’ll want to get absolutely everything in writing.
It will need to be signed by both parties. Make certain, though, that both parties are licensed to come up with a settlement offer, as if you’re dealing with a corporation, you may have to wait for approval from the board of directors or the CEO, which can derail a process after all of your hard work.