Note
25 Dec 2014: Moved from wiki.
Methods 方法
- Dispute resolution advisor 争议解决顾问协调
- Negotiation between superior management 高层领导协商
- Mediation 调解
- Arbitration 仲裁
- Litigation 法院裁决
Notes for Mediation
OVERALL
- Seating arrangement
- Prepare
- Introduce
- Understand
- Acknowledge
- Negotiate
- Agree
- Do not be dominating
- Be facilitative not inquisitorial
- Encourage joint discussion
- Do not give advice
- Indentify needs, interests, goals, objectives and any underlying issues
- Identify and discuss the issues, for example by listing an agenda
- Do not breach confidentiality
- Interests not position
- Needs not rights
|
Issues |
Needs |
Goals |
Objectives |
Common Grounds |
Options |
PHASES
- Preparatory Stage
- Introductory Phase
- Understanding Phase
- Negotiation Phase
- Agreement Phase
OPENING STATEMENT
- Greetings
- Purpose of this Meeting
- Introduction of Parties
- Self Introduction
- Disclosure of Interests
- Checking of Authorities
- Confirmation of Appointment
- Explanation of the Mediation Process
- Agenda of this Meeting
- Joint Session
- Opening Position Statement by Each
- Identify an initial list of Common Grounds
- Listing Issues and Agenda
- Exchanging Views of Agenda Items to find Common Grounds
- Separate Session
- Joint Session
- Acknowledging Differences
- Needs / Goals / Objectives / Options
- Separate Session as required
- Joint Session to agree
- My role: Non-judgmental / non-directive / neutral
- Role of all: Finding common interests and goals / Speak freely
- Equal time
- Confidentiality
- Privileged / Without prejudice so far as legal
- Legal
- Voluntary
- Chance of Success
- Ground Rules / Courtesy Protocol
- Any questions?
OPENING POSITION STATEMENT BY EACH
- Listening and attending
- Eye contact
- Note taking
- Facts and figures
- Hints
- Things in disputes
- Acknowledgement of concerns/needs/interests
- Use of clarifying questions
- Summary of parties’ opening statements
- Have I missed anything?
JOINT SESSION
- Listing Issues
- Neutral words
- Contract interpretation
- Materials
- Workmanship
- Maintenance
- Communication
- Authority
- Records
- Programme / Progress / Time to Complete
- Value
- Budget
- Quantum
- Policy
- Commitment
- Business Objectives
- Share of Workload
- Listing Common Grounds
- Avoid further conflicts
- Reduce further time and resources
- Maintain good relationship
- Keep reputation
- Listing Agenda
- Agree order to discuss
- Discuss
SEPARATE SESSIONS
- Greetings
- Procedure and confidentiality explained
- Probing
- Past relationship
- Reason for bad relationship
- Reputation
- Sentiment
- Personal feeling
- Personal involvement
- Interests
- Needs
- Future relationship
- Future expectation
- Future business plans
- Future personal plans
- Costs, time and burden of alternatives
- Mutual value
- Retention
- Lien
- Budget limit
- Objectives
- Hidden agenda
- Emphatic
- Doubt casting
- Feasibility
- Contractual validity
- Accuracy of quantities
- Reasonableness of rates
- Third party inspection and opinion
- Release from performance
- Apology
- Acknowledgement
- Acknowledgement
- Summary
- Any missing point
- Suggestions
OPTIONS GENERATION
- Expand common grounds
- Avoid further conflicts
- Reduce further time and resources
- Maintain good relationship
- Keep reputation
- Identify interests and needs
- Options on whiteboard
- Money
- Timely payment
- Alternative contracts
- Alternative accommodation
- Alternative measures
- Reputation
- Publicity
- Future jobs
- Future co-operation
- Reality testing
- Confidentiality stressed
AGREEMENT
- Terms agreed
- Money and Other considerations
- Time to implement
- Reality testing
- All issues covered
- Confidentiality clause
- Mutual release clause
- Scope of release
- Liability retained
- Follow up action
- Review of agreement implementation
- Non-performance of agreement
- Contingency arrangements
- Commendation of parties