Stage 3
SEPARATE SESSION The objective of this session is to understand the dispute at deep level, to encourage parties to generate options and find terms that are mutually acceptable.The mediator and each of the party, would talk the mediation in confidence.Then , the mediator gathers further information by identifying each party's differential priorities or the differential aspects of the disputes.The mediator in order to move the process forward , engage in reality testing , in which the mediator assists the parties to understand the reality of their case and shift the focus on problem solving.Then, the mediator offers options which he feels serve the common and maximum interest of each party .Stage 4 REACHING A STATEMENTThe mediator can conduct as many as separate session as necessary and may even conduct the sub session with the counsels , if required.The parties negotiated through the mediation for a mutually settlement . The mediator directs the parties to a option which he feel serve the best interest of both the parties. However , if the negotiation fails and settlement cannot be reached the case is returned to referal courtStage 5 CLOSING Where there is a settlement:- The parties are reassembled. The mediator orally confirms the terms and reduced them to writing. The agreement is signed by the parties , also, the mediator may affix his signed on the signed agreement. In the closing statement , the mediator thanks the parties for their participation and help in reaching the solution.When there is no settlement:-The case would be returned to the 'referral court' merely mentioning 'Not Settled'.The statements made during the mediation will be kept confidential and should not be disclosed by any party or advocate or the mediator to the court or outside the court.
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