Civil Engineering Reference
In-Depth Information
CHAPTER FIVE
Presenting at the Mediation
This early stage of the mediation is laying the foundations for success-
fully negotiating a deal. The mediator, during the opening and exploring
stages, will be:
building rapport (trusting relationships) with everyone, but partic-
ularly the parties - if the parties do not trust the mediator, they will
not reveal sensitive information or speak frankly about their case, its
strengths and its weaknesses
reopening lines of communication - in most cases, settlement dis-
cussions will have reached deadlock and will need an independent
influence to reopen them
identifying the key issues to be resolved in order to achieve a settle-
ment on the day - this may also involve agreeing priorities
agreeing a timetable for the efficient use of the limited time available
and also of the people assembled - this is a unique forum: the people
gathered at the mediation will not have met together before and will
all be there with the one purpose of resolving the dispute
trying to understand what lies under the surface of the claims - the
parties' needs and drivers and the relative importance of each
recognising common ground
5.1
Arrival
It is likely that the mediator will be at the venue before anyone else.
Rooms need to be checked (soundproofing, natural light, heating, re-
freshments), seating sorted, toilets located, fire escape routes (and alarm
testing) confirmed and refreshment arrangements approved. These are
all vital to the smooth running and clear management of the day. The
seating arrangements in the main meeting room can be quite a chal-
lenge, particularly in multi-party cases. Who sits where, with whom,
and, more importantly, opposite whom, is really important if people are
going to be encouraged to communicate effectively.
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