Mediation Process and
Procedures
Introduction
Mediation is a process where a third neutral party is involved in
resolving a dispute between two parties.
It mainly focuses on communication, understanding and mutual
agreement between parties to foster a better result which
enables a peaceful resolution and strengthens long-term
relationships through cooperation.
Roles of the Members
There are three main members of this committee-
1. Mediator
•Acts as a neutral facilitator, doesn’t take sides or give
decisions.
•Helps both parties communicate clearly and understand each
other’s interests.
•Guides the process toward a mutual and fair agreement.
2. Counsel
•Usually the legal advisor or representative of each party.
•Helps the client present their case clearly and understand legal
implications.
•Ensures that the final agreement protects the client’s
interests.
3. Client (Parties in Dispute)
•The main participants who are directly involved in the conflict.
•They must be open, honest, and willing to cooperate.
•Their goal is to find common ground and reach a mutual
resolution with the help of the mediator.
Procedures of Mediation
1) Opening Statement of Mediators
2) Opening Statements of Parties
3) Agenda Formulation
4) Discussion between Parties
5) Caucus Session
6) Resumption of Joint Session
7) Closing Statement of Mediators and Parties
1.) Opening Statement of Mediators
The mediators present in the committee will present a statement
about mediation and understanding on how the mediation will
run and what the rules of this process are.
2.) Opening Statement of Parties
The two disputing parties present in the committee will begin
the statements about the issues the client faces regarding the
topic, preferably beginning with the Applicant (the party who
proposed and approached for this mediation first), followed by
the Respondent (the other party responding to the applicant’s
proposal).
3.) Agenda Formulation
Once the parties have completed their opening statements, the
mediators now begin with the establishment of an agenda.
After an agenda is proposed by the mediators, it’s the parties
who decide if the agenda is set to the right cause of the issue
they stated earlier by agreeing or disagreeing to the agenda
proposed.
The agreement of the agenda by both parties leads to the
establishment of the agenda and the beginning of the
proceedings.
4.) Discussion Between Parties
The parties begin the mediation by discussing their statements
and proposals for the issue while the mediator actively analyzes
and maintains the decorum of the committee.
5.) Caucus Session
If the parties aren’t leading to a resolution, the mediators can
initiate a caucus session at their discretion.
Here, the mediators privately discuss the problems with the
parties and examine what proposals they are trying to set.
Nothing discussed in this caucus session can be revealed outside
of it, and it remains confidential between the party and the
mediators. Only if the party agrees to reveal what has been
discussed can the mediator share it with the other party.
6.) Resumption of Joint Session
Once the caucus session has elapsed, the session begins again
with the joint session where both parties are present and the
discussion continues.
At this point, parties and mediators are expected to put forward
a proposal which should be accepted by both parties, leading to
the termination of the committee with a satisfactory resolution.
7.) Closing Statement
The closing statements will be given by the mediators and both
parties to formally end the session.
Event Proceedings
[Link] Setup:
1. Each team consists of a Client and a Counsel.
2. The Mediators will be chosen from other teams that
are not competing in the current round.
[Link] Structure:
1. Two teams will compete against each other in each round.
2. The Clients and Counsels of both teams will present and
respond to each other’s positions.
3. Mediators from other teams will jointly conduct and
facilitate that round’s mediation session.
[Link]:
1. Among the two competing teams, the team that performs
the best based on teamwork, communication, and
mediation strategy will advance to the next round.
2. Among the two mediators in the same session, the best-
performing mediator will also move forward and
later form a new mediator team with the winning team.
4. Final Round:
•In the finals, the winning teams and selected mediators will be grouped
into two new competing teams.
•These teams will compete in the final mediation session, facilitated by
the mediators’ team.
•A new topic for the final round will be announced after the first round
concludes, and participants will get 40 minutes of preparation time.
5. Additional Instructions:
•The Applicant and Respondent for each round will be announced 30
minutes before the session.
•Confidential client details will be provided privately 30 minutes prior to
the conference for preparation.
Thank you