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Mediation

Mediating Works delivers a high quality mediation service and focuses on providing skilled mediation that can resolve a conflict, generate creative solutions to problems and allow parties to maintain a good working relationship. Mediating Works is able to offer an early intervention to conflicts and bring a resolution before the conflict becomes entrenched and deadlocked.

7 Elements model

The mediation service is based on the model of negotiation developed by Harvard University in which each negotiation is analysed by reference to seven distinct elements. Mediation is a facilitated negotiation between two parties with the mediator managing the negotiation process. The mediator uses a combination of individual sessions initially and later joint sessions to facilitate discussion between the parties in order to arrive at a resolution. The mediator is a process manager and directs the parties to explore the seven elements of the negotiation process.

The Seven Elements are convenient labels that describe the different parts of all negotiations. They are defined below.

Relationship: The state of connection between two or more people.
Communication: The transfer of messages by speech, signals, writing or other action.
Interests: A party’s needs, wants, concerns, hopes and fears: in essence, what’s important to them.
Options: All of the possible ways in which the parties might satisfy their interests together.
Standards: The criteria by which each party legitimises their perspective.
Alternatives: The walk-away choices that each party has if agreement is not reached.
Commitments: Statements about what a party will or won't do.

Assessment and service model

In most cases the mediation sessions will be delivered in one day over about seven hours. Alternatively, to provide each person with more preparation time mediation can occur over two consecutive working days in approximately eight hours. There is an initial free no obligation consultation to assess the suitability of mediation and obtain an estimate of the recommended time scheduled for the mediation. Participants may be asked to sign a mediation agreement which outlines the mediation process, confidentiality issues, the mediators indemnity and the cost of mediation. On conclusion of the mediation sessions there can be a brief report prepared to summarise the process, content and outcome of the mediation. Following mediation there are other additional services available such as counselling or training which can support the process of change which is integral to mediation.

Mediation report

A summary report of the mediation can be provided which will include the following:

  • The reasons for the mediation and a list of participants
  • The process of the mediation
  • Issues raised by the Mediator
  • A list of any resolutions made by the participants
  • A place for participants to sign and date the agreement that has been made


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Tip Sheet - Managing conflict and negotiating a better outcome for all parties

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