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4.3.5 The mediation process: phases and recommendations

The mediator must always take into account the aspects as regards communication (such as the non-verbal language, calibration, synchronization, etc.) and aspects regarding its position as “third of two” (feedback to both parties, time for translation – interpretation, not supplant, or identify themselves as, none of the parties, not intervene between the parties, etc.)

In the first phase, presentation, he/she must have “previous meetings with both”; prepare the “environmental framework” through physical space and the furniture distribution, etc; introduce the parties, specifying who is who and the purpose of each; establish the “rules of the game”; and parties must express their interests / objectives (what they expect from the mediation process).

In the second phase known as knot, they must concentrate specifically on the relationship between the parties; bring out the information from both parties; assure the cooperation of both; balance the participation and the intervention periods according to the characteristics and needs of the parties; verify that the understanding and interpretation by the parties is correct; reformulate positions, exposing what is negotiable and not; help to state common interests; and help to identify alternatives and options; as well as its consequences, for obtaining a positive result for both parties (so both feel satisfied).

The third and last phase, outcome, the mediator must express the synthesis of the process until then, and verify the correct understanding of the alternatives proposed by the three parties; he/she must invite to reach agreements and decisions that guarantee compliance; and seal agreements visibly, through signs or symbols.

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