Slide 1

MEDIATION

MEDIATION DEFINEDA voluntary process for resolving disputes in which an acceptable, impartial and neutral third party, who has no authoritative decision-making power, assists in a face-to-face meeting of the disputing parties with the basic aim of having them reach a mutually beneficial agreement.

HOW MEDIATION WORKS? Mediation grants disputants the opportunity to solve their problems by themselves and negotiate for a consensual settlement in an informal and non-adversarial manner

IMPORTANCE OF THE MEDIATOR By engaging the service of a third party facilitator, the disputants are able to:Communicate with each otherShare information about their interests, concerns and prioritiesBecome aware of their alternativesGenerate creative options to best resolve their problem

CERTAINTY OF OUTCOME IN MEDIATIONDisputants can determine the outcome of their dispute instead of surrendering control over to a third party who may not know what works and what does not work for the parties in their present situation.

OPPORTUNITY FOR A MORE SUITABLE SOLUTIONDisputants have the chance to craft the best possible solution to satisfy their respective needs, interests and concerns.

Outcome is not restricted as to who should win and who should lose. It is rather focused on HOW TO LIVE THEIR LIVES IN THE PRESENT AND THE FUTURE

PRESERVATION/RESTORATION OF RELATIONSHIPS Discussions are not focused on demonstrating culpability or liability of either disputants, but rather on finding acceptable solutions to meet the disputants present needs. As a result, the continuing relationship of disputants is preserved and strained relationships are even fixed.

EDUCATIONAL In the process, disputants learn how to face conflict constructively. They learn how to communicate effectively, articulate their needs and interests instead of turning violent, resorting to blaming and fighting the enemy

FAST, ECONOMICAL AND CONVENIENTDisputant need not spend time and money preparing for and going to trial ( and later filing appeals).Mediation proceedings can move faster than court hearings. It can be scheduled to suit the convenience of the parties.

PRIVATE AND CONDUCTED IN A SAFE ENVIRONMENTUnlike proceedings in court hearings, discussions are not made part of public record. It is kept confidential. The atmosphere is non-threatening and no outsiders are allowed to the conference

POTENTIAL TO RESOLVE MORE ISSUES AND CASESDisputants can bring into the table not just substantial issues, but also procedural and psychological issues which may not be material and entertained in court. Related cases may also be discussed and settled at the same time.

MEDIATION PROCESSPhases of Mediation1. Pre-mediation stage2. Mediation stage3. Post-mediation stage

What happens during the Pre-Mediation Phase?Why the case is referred by the court for MediationPurpose and Advantages of MediationSelection of MediatorPresence of CounselsAuthority to SettleMediation FeesQuestions and Answers

MEDIATION STAGEOpening Statements (Mediator and Parties)Joint Discussion(Private Sessions or Caucuses)

Joint NegotiationAgreement or Settlement

Purpose of The Mediators Opening StatementEducate those present as to the roles of the mediator, what mediation is and how mediation worksEstablish the Mediators Authority in the process

Purpose of The Parties Opening StatementEducate the mediator and the opposing parties on the factual background of the dispute based on their own point of view.Parties to vent their emotions and frustrations, thoughts or positions on how the dispute should be resolved.

Purpose of The Joint DiscussionEstablish communication between parties- Summarizing of the opening statements- Clarifying questions so issues can be identified- Assisting parties shift from their wants to needs; from their positions to interests- Ranking the issues according to level of importance

Purpose of The Joint NegotiationParties meet in joint session for the final offers and negotiation leading to settlement.

Mediator to:- list points of agreement- make sure there is no unsettled issue- thank and commend everyone

POST-MEDIATION PHASEBack to Court (If mediation failed or terminated)Forward to the Judge the Mediators Report together with the Settlement Agreement for consideration and judgment.

THANK YOU VERY MUCH!