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Steps in the mediation process
As a flexible and adaptive procedure, a rigid procedural route is alien to mediation. Its classic structure makes it possible to distinguish five phases.
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Phase 1
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begins when the mediator opens negotiations by explaining the salient points of the procedure. Mediation rules are discussed and documented. |
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Phase 2
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Here the parties present their perspectives on the conflict from a summary of which the mediator develops joint agreement on the items to be taken up. |
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Phase 3
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Next rigid positions are left behind and the concrete interests behind them are uncovered. Bringing the parties' motives into the open intensifies mutual understanding. |
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Phase 4
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comprises development of a solution. The parties jointly work out and evaluate different possible solutions. The objective is to find a win-win solution that all parties can benefit from. |
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Phase 5 |
After agreement about a mutually acceptable solution mediation is concluded in Phase 5 by the precise definition of that agreement and, where relevant, its legal formulation. |
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