2013年3月27日星期三

Process and Procedure of Mediation

Phase one - pre-mediation

In the pre-mediation , first it will have an introduction to both mediators and parties . THen followed y discuss joint and private sessions . There will be no intrruptions and comlaint speak by the respondent .

After that agreement to mediate ,

- Authority to settle
- Confidentially as far as law allow
- Confidentiality as far as law allowes
- Privileged information
- Enforceability of Settlement Agreement
- Termination of Mediation process

  At preliminaries conference
- Outline of disputes
- Time , date , venue for
- Parties attending
- Summary - confirmed in waiting

Phase Two : During Mediation
i. Joint session - parties are invite to state their respective cases
ii. Mediator opening - groun rules laid down by mediator, provided brief statement of facts . No prior in depth knowledge of issue at dispute are required .
- Brief
- Services to put people at ease
- Allow parties to ask question
- Balanced approach to parties .

The private session
- Provide opportunity for disscuss additional informations
- Explore issue in more depth
Deal with strong emotions
- Reality test options
- Prepare for final negotiations

Usually exercised to enable parties to speak freely , allow mediator to puck out common issues and hidden masaage

iv. Joint Negotiation Session
- Focus resolution for future
- Evaluate range of settlement options , reality test final agreement
- To draft final agreement

Phase three- Post mediation
 Settlement Agreement - parties sign a settlement agreement withness by mediator . Parties can pursue court action if outcome unsatisfactory . Either parties may draw up agreement .

- Isolatrion of issues
- Agreement on issues remain dispute
- Agreement on all issues
- understanding needs of each other
- Relationship maintained
- Relationship enhanced


没有评论:

发表评论