DEVELOP MEDIATION GUIDELINES

DEVELOP MEDIATION GUIDELINES

by B3ln4iNmum

BSBHRM510 MANAGE MEDIATION PROCESSES
LEARNER GUIDE

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CONTENTS
1. DEVELOP MEDIATION GUIDELINES……………………………………………………………………….. 3
1.1 – Research and collate history of disputes and dispute resolution within the organisation,
including triggers for disputes ……………………………………………………………………………………. 4
1.2 – Consult identified key stakeholders to determine requirements related to mediation…… 5
1.3 – Determine mediation requirements within the organisation…………………………………….. 6
1.4 – Research and document models and systems for mediation ………………………………….. 7
1.5 – Identify and document parameters for a mediation system from consultation and
research process…………………………………………………………………………………………………….10
1.6 – Draft and validate guidelines for mediation with stakeholders …………………………………12
1.7 – Obtain endorsement for guidelines from senior management team …………………………13
1.8 – Circulate guidelines and train mediators in guidelines and procedures …………………….13
2. PREPARE FOR MEDIATION……………………………………………………………………………………15
2.1 – Identify parties in dispute requiring mediation and explain mediation procedure, in
accordance with established guidelines………………………………………………………………………15
2.2 – Obtain agreement and willingness to participate in mediation process …………………….17
2.3 – Conduct separate interviews with parties in dispute and clarify issues……………………..18
2.4 – Verify and document position of each party to the dispute ……………………………………..19
2.5 – Determine boundaries for allowable options in dispute ………………………………………….20
3. SETTLE DISPUTE THROUGH MEDIATION……………………………………………………………….21
3.1 – Use a range of communication techniques to mediate…………………………………………..21
3.2 – Establish mutual agreement between parties in dispute ………………………………………..23
3.3 – Formulate options for resolution of dispute and preferences…………………………………..24
3.4 – Continue with mediation until agreement is reached or time constraints conclude ……..25
4. FINALISE AND REVIEW MEDIATION……………………………………………………………………….26
4.1 – Circulate documented agreements to all parties and complete all documentation
required by organisational guidelines …………………………………………………………………………26

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4.2 – Review effectiveness of mediation, identify improvements and refine mediation
guidelines ………………………………………………………………………………………………………………28
4.3 – Assess and maintain currency of knowledge and skill base of mediators………………….29
1. DEVELOP MEDIATION GUIDELINES
1.1. Research and collate history of disputes and dispute resolution within the organisation,
including triggers for disputes.
1.2. Consult identified key stakeholders to determine requirements related to mediation.
1.3. Determine mediation requirements within the organisation.
1.4. Research and document models and systems for mediation.
1.5. Identify and document parameters for a mediation system from consultation and
research process.
1.6. Draft and validate guidelines for mediation with stakeholders.
1.7. Obtain endorsement for guidelines from senior management team.
1.8. Circulate guidelines and train mediators in guidelines and procedures.

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1.1 – Research and collate history of disputes and dispute resolution within the
organisation, including triggers for disputes
Researching and collating history of disputes and dispute resolution
This unit is about managing mediation processes. This first element considers the criteria
required to develop mediation guidelines. Within this element, the first criteria is about
researching and collating the history of disputes and dispute resolution within the organisation.
This will give you the foundation knowledge required to develop mediation guidelines.
Your research needs to include the history of all disputes within the organisation and how those
disputes were resolved. You should conduct research as you would for any other matter,
collating and analysing any documentation relevant to the matter you are researching. First, you
will need to identify the resources that are available to you.
Methods of research may involve resources such as:
• HR records
• Legal records
• Employee records
• Mediation records.
These resources may be internal to the organisation, for example those records held by HR, or
external to the organisation, such as legal records held by the organisation’s legal
representatives.
Part of your research and collation of the history of disputes and dispute resolution within the
organisation will include researching and collating triggers for disputes. This will allow you to
identify and analyse any patterns that have developed. In turn, this will allow the organisation to
take action and, potentially, to prevent future disputes arising.
Triggers for disputes are the cause of them.
Triggers for disputes may include:
• Appeals, grievances and complaints that have escalated and remain unresolved
• Industrial disputes
• Interpersonal or team conflict
• Misunderstandings about expectations or contractual requirements.

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1.2 – Consult identified key stakeholders to determine requirements related to
mediation
Consulting identified key stakeholders
Remember that this element covers the criteria required to develop mediation guidelines. In the
previous criteria, we established how to research and collate the history of disputes and dispute
resolution within the organisation, including researching and collating the triggers for disputes.
The next criteria within this element considers how to consult identified key stakeholders to
determine requirements related to mediation. Let’s break this down.
First, you need to identify who the key stakeholders are. Key stakeholders are any people or
groups of people within the organisation who should be consulted when developing mediation
guidelines.
Key stakeholders may include:
• Management
• Partners
• Staff associations and other work-based
groups
• Staff from other sites or locations
• Unions.
You need to identify who the key stakeholders are within your own organisation. They may
include some or all of the above, or additional stakeholders. Key stakeholders will vary
according to the nature and size of the organisation.
Once you have established the key stakeholders within your own organisation, you need to
determine requirements related to mediation.
Your consultations with key stakeholders will allow you to determine the requirements related to
mediation within your organisation. During the consultations, you need to establish what
requirements exist and the options for meeting these requirements.

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1.3 – Determine mediation requirements within the organisation
Determining mediation requirements
So far within this element, which covers the criteria required to develop mediation guidelines, we
have covered researching and collating all matters relating to dispute resolution within the
organisation, how to identify key stakeholders within the organisation and in order to determine
requirements related to mediation. The next criteria considers how to determine mediation
requirements within the organisation.
Mediation requirements may be governed by:
• The size of the organisation
• The number of people employed by the organisation
• The number and nature of past disputes
• Trends relating to the triggers of disputes
• Legal requirements relating to mediation
• Regulatory requirements relating to mediation
• The organisation’s existing policies and procedures for dispute resolution.
However, the most significant tool you have in determining the requirements of the organisation
is the outcome of your consultations with key stakeholders and, at a later stage, senior
managers. They will ultimately govern how the organisation can meet mediation requirements.
Benefits of having mediation could include:
• Mediation provides a confidential and informal process where relevant parties retain the
ownership of the process and control over the outcome of the dispute.
• Mediation provides opportunities to work through issues in a safe respectful space
facilitated by a neutral person
• Mediation is very quick and cost-effective process which saves management several
days of HR time
• Mediation results in high rate of compliance as parties who have reached their own
agreement in mediation are generally more likely to follow through and comply with its
terms

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• Allowing for parties involved to achieve a win-win situation or mutually satisfied with the
outcome.
• It provides greater privacy for parties involved as everything mentioned in the mediation
is entirely confidential to the parties (unless specifically agreed otherwise), unlike the
potential publicity of court proceedings.
1.4 – Research and document models and systems for mediation
Models and systems for mediation
The next stage in this element, which considers how to develop mediation guidelines, is to
research and document models and systems for mediation.
Researching and documenting models and systems for mediation may include:
• Australian Standards
• Benchmarking exercises
• Dispute sources and characteristics
• Internet searches
• Psychological associations and professional bodies
• Resolution techniques
• Textbooks and journals
• Training programs.
Your research is not limited to the above list. There may be other useful ways of researching
and documenting models and systems for mediation. For example, a useful method of research
may be comparing your organisation to similar organisations. There are a number of questions
you may wish to ask that will assist your research. What are their requirements? What is their
model and system for mediation? How does it meet their requirements? The answers to these
may assist you in conducting your research.

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Remember, when researching, to avoid information that is outdated. For example, models and
systems for mediation may include a number of regulatory or legal requirements or standards.
You therefore need to ensure that your sources of information are up to date and reliable.
Associations and professional bodies will be able to assist you with finding information that is
correct.
Facilitative mediation
This is where the mediator creates a structured process to help all parties involved reach a
mutually agreeable solution.
The mediator here asks questions, validates points of view, identifies the positions of all parties
and any specific interests they have and helps them evaluate options for resolution.
The mediator does not make any recommendations or give advice/opinions, remaining impartial
and objective. They also cannot offer any predictions of how the case would fare in court.
In other words, the mediator is overseeing and in charge of the process, but not of the outcome.
This style of mediation is characterised by using information and understanding to help parties
come to their own decisions. They want to make sure that the parties, not their attorneys, are
making the decisions.
Evaluative mediation
This is modelled on settlement conferences held by judges, where the mediator points out the
weaknesses of their cases and predicts what might happen in court. they then make formal or
informal recommendations to the parties based on this.
Their main concern is the legal rights of the parties and the concepts of fairness within this, as
opposed to their needs and interests.
Meetings are usually held individually with parties, as opposed to collaboratively, and attorneys
are usually present. These are used to evaluate the cost-benefit ratio of taking the case to court
versus settling via mediation. There is also the possibility of the mediator meeting with just the
attorney of each respective party.
Transformative mediation
This was named by Folger and Bush (1994) in The Promise of Mediation. It aims to empower
parties and help them recognise the needs, interests, points of view and values of the other

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side. Ultimately, the aim here is to alter the relationship between parties so they become more
amicable and resolution is thus easier to achieve.
Parties meet together with the mediator – the mediator then helps these parties structure the
process and the outcome of the mediation, taking more of a “backseat”.

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1.5 – Identify and document parameters for a mediation system from consultation
and research process
Parameters for a mediation system
In the process of developing mediation guidelines, the next stage is identifying and documenting
parameters for a mediation system from the consultation and research process. Parameters for
a mediation system are the scope or limits of the system.
In order to establish the parameters for a mediation system, you need to use your findings from
both your consultation with stakeholders and senior managers and the information you have
established when conducting research. From analysing both of these sources, the parameters
will become clear.
Parameters for a mediation system may include:
• Code of conduct for mediation
• Logistics for mediation, including time limits on process, locations used, duration
of sessions
• Number of mediators required within the organisation
• Privacy and confidentiality provisions
• Proformas for use in mediation process
• Rationale for engaging mediation process
• Recording and reporting requirements
• Separate discussions with disputing parties and group discussion.
You will also need to document and research the following legislation, codes of practice
and national standards for mediation:
• Legislation, codes of practice and national standards:
o Australian Standards
o Industry or professional bodies’ codes of practice
o Legislation relating to privacy and confidentiality – Privacy Act 1988
o Legislation about equal opportunity and discrimination.

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Privacy legislation
The Privacy Act 1988 regulates the handling of personal information about individuals,
regarding its collection, use, storage and disclosure.
Full information about the Act can be found at www.oaic.gov.au.
Equal opportunity/discrimination
All people should be valued and treated with respect when it comes to their individual
differences. The Equal Opportunity Act 1984 was created to be enforced in all workplaces. It
identifies features that may cause prejudices among groups of people.
Discrimination means unfair treatment of a person based on prejudices.
Under the Act, it is illegal for any person or establishment to discriminate against
another based on:
• Gender
• Marital status
• Sexual preference
• Race
• Culture/religious beliefs
• Personal principles or beliefs
• Pregnancy
• Age
• Physical or mental impairment.

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1.6 – Draft and validate guidelines for mediation with stakeholders
Guidelines for mediation
The next step to consider is drafting and validating guidelines for mediation with stakeholders.
You must draft the guidelines for mediation before consulting with stakeholders to validate them.
hat might the draft guidelines include?
• Legal requirements and how the guidelines meet these
• Regulatory requirements and how the guidelines meet these
• The process of mediation, including guidelines related to the pre and postmediation process
• Documentation
• Implementation requirements
• Training requirements e.g. the training of mediators and/or HR staff.
There will be many other aspects to your draft guidelines, depending on the nature and content
of your research and the outcome of your consultation with the stakeholders.
Stakeholders may request changes to the guidelines. You may have to enter a negotiation
process with the stakeholders before the guidelines can be validated. You will therefore need to
use your research to back up the draft guidelines.

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1.7 – Obtain endorsement for guidelines from senior management team
Obtaining endorsement for guidelines
Once you have validated guidelines for mediation with stakeholders, the next step in the
process is obtaining endorsement for guidelines from the senior management team.
This is exactly what it says – you need to gain approval for the guidelines from the senior
management team. In order to do this, it may be advisable to arrange a meeting with the senior
management team. This should speed up the endorsement processes. Alternatively, you could
send the guidelines to each manager for their comments.
Before the managers will give their endorsement, you may need to show them the content of
your research and the outcome of your discussions with key stakeholders. This will explain how
and why you have arrived at the current draft of the guidelines.
If senior managers require changes to be made to the guidelines, you may need to consider
each change requested and whether it is practical or possible. You may need to use your
communication skills to negotiate with senior managers about what is required and why. For
example, legal requirements cannot be compromised.
1.8 – Circulate guidelines and train mediators in guidelines and procedures
Circulating guidelines
The final criteria to consider within this element, which deals with how to develop mediation
guidelines, is the circulation of those guidelines and the training of mediators in said guidelines
and procedures.
You will need to consider who the guidelines should be circulated to. It may be that certain
people require different parts of the guidelines. You may also have to consider protecting any
private information which features in the guidelines.
As to how you circulate the guidelines, you may choose whichever method suits the size and
nature of the organisation, for example electronically through e-mail.

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Training mediators
Mediators will need to be trained in guidelines and procedures.
How might you train mediators?
• External training through a provider of education
• Internal training within the organisation
• Training with or supported by a relevant association or body.
Core components of mediation training
• The formal mediation process adopted by the organisation/industry to resolve
conflicts so that the mediator understands the models, parameters, codes and
guidelines when conducting mediation.
• The facilitation skills so that the mediator acts as a facilitator to the discussions
to find solutions and reach agreements between parties.
• Communication skills such as listening, checking for accuracy of what’s heard,
asking questions, reflecting, hearing empathetically and option-generated
listening.
• Techniques to suit a particular flow of the discussions and in response to issues
presented, to focus discussions on possible solutions.
• Ability to respond effectively to high emotion, power imbalances and violence
• Drafting mediated agreements.

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2. PREPARE FOR MEDIATION

2.1. Identify parties in dispute requiring mediation and explain mediation procedure, in
accordance with established guidelines.

2.2. Obtain agreement and willingness to participate in mediation process.
2.3. Conduct separate interviews with parties in dispute and clarify issues.
2.4. Verify and document position of each party to the dispute.
2.5. Determine boundaries for allowable options in dispute.
2.1 – Identify parties in dispute requiring mediation and explain mediation
procedure, in accordance with established guidelines
Identifying the parties and explaining the mediation procedure
The second element of this unit, which considers how to manage mediation processes,
considers how to prepare for mediation. The first step when preparing for mediation is to identify
the parties in dispute requiring mediation and explain the mediation procedure in accordance
with established guidelines.
The first step is to identify the parties in dispute that require mediation.
The second step is to explain the mediation procedure in accordance with established
guidelines. The established guidelines are the guidelines you have created, following your
research and consultations with key stakeholders and senior managers. The mediation
procedure will therefore vary depending on your organisation’s requirements. However, it should
meet any minimum legal or regulatory requirements.
The Institute of Arbitrators and Mediators Australia (IAMA) rules and guidelines on
mediation include:
• The appointment of a mediator
• Confidentiality
• The role of the mediator

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• The role of the parties
• The preliminary conference
• Termination of the mediation
• Costs
• Subsequent proceedings
• Liability for acts and omissions.
The Fair Work Ombudsman Australia suggests that preparation is the key to successful
mediation and provide the following advice about the procedure pre-mediation:
• Know the issues you want to resolve
• Check what the entitlements are under Australian workplace law
• Think about solutions which everyone can agree to
• Get your paperwork together – the award, pay slips, time sheets, letters, emails
and other relevant correspondence
• Seek advice if you need it, from us or:
o a union
o an employer organisation
o an accountant
o a lawyer.
(http://www.fairwork.gov.au/how-we-will-help/how-we-help-you/help-resolving-workplaceissues/working-with-you-to-resolve-workplace-issues)
The Fair Work Ombudsman also provides the following important points to remember:
• The mediator will not decide the outcome. Their role is to help the parties talk
about the issues and agree to a resolution
• Keep an open mind about what the outcome could be. Agreements reached
during mediation often include payment of money but can also involve:
o crediting or debiting hours of leave
o giving a work reference
o making an apology

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o returning property
o anything else the parties agree to in order to resolve the dispute
• Mediation is confidential.
Remember to make it clear about what the outcome of mediation can be. It is possible that no
agreement will be reached. If so, what are the options for each party? Is legal action the only
alternative? You need to discuss this with the parties before the mediation takes place. Also,
you need to explain the process that follows if an agreement is reached and the nature and
content of that agreement and its legal standing. For example, if the parties enter into a legally
binding contract or not.
It may be a good idea for the parties to list the terms of settlement they are looking for, any
actions they are seeking and any timeframes, before they go into mediation. However,
remember that mediation is about seeking an agreement and avoiding costly court and legal
fees where possible. It is therefore important that the parties have an idea of points that they are
willing to negotiate.
2.2 – Obtain agreement and willingness to participate in mediation process
Obtaining agreement to participate in mediation process
The next stage in preparing for mediation is obtaining the agreement of the parties and their
willingness to participate in the mediation process. Why is this necessary?
The parties may wish to agree certain terms in writing before the mediation begins, e.g. the
appointment of the mediator, the scope of their powers, the legal standing of any agreement
reached, etc.
You will need to set out all of these terms before mediation can begin, so that both parties are
happy with the situation and agree to the environment and desired outcome of the process.
Terms of agreement for mediation may include things like:
• The person selected as mediator
• The cost of mediation (who pays what)

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• Confidentiality
• Privacy
• Not requesting the mediator to testify on the issue in a future court case
• No violence/aggression.
2.3 – Conduct separate interviews with parties in dispute and clarify issues
As well as getting both parties in the same room to discuss things, there is a need to clarify the
issues with both parties in separate interviews. You will need to determine the history of the
dispute and the boundaries to which it extends.
These interviews should be held before both parties are brought together, so that you have a
clear idea of both sides of the argument. You will then have the scope to research both parties’
claims and ascertain the validity of their points of view.
You will need to document these interviews so you can review and refer to them at a later date.
This will help you structure the mediation process more effectively and be able to predict how it
will play out, to an extent.
If you fail to go through this process, it can mean that the mediation process becomes
ineffective, e.g. if an issue you had previously not known about comes up.
You will need to gather the following information from these interviews:
• What the dispute is
• How it occurred
• All parties involved
• Any history between involved parties (if applicable)
• The desired settlement of the dispute
• Other relevant information/circumstances.

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Interviewing techniques that could be used in mediations
Empathy: a mediator needs to express empathy to develop trust, confidence and an alliance
with the involved parties.
Supporting self-efficacy: to encourage the disputants by affirming their progress toward
compromise, praising their willingness to mediate, and in the end creating the agreement using
their own words.
Evoking change talk: evoking a discussion regarding changing one’s position and moving
toward compromise.
2.4 – Verify and document position of each party to the dispute
Position of each party to the dispute
The next criteria to consider within this element is the verification and documentation of the
position of each party to the dispute.
You must first verify and then document the position of each party to the dispute. In other words,
you need to obtain their opinion as to why they feel their claim supersedes that of the other
party.
Verifying positions of parties to dispute may include:
• Empathic consideration of personal or historical issues that may not relate to the
specific dispute, but that may set the scene for it and need to be addressed in
order to resolve the specific dispute
• Expert advice from third parties or other professionals as required
• Independent verification of claims made by non-involved parties
• Other action in line with mediation guidelines
• Research into facts about events, transactions or other information presented.

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Once you have obtained this information, the next step is to document it for referral to later on in
the process. This documentation may be written or recorded and typed up at a later date – this
will vary according to the terms of mediation set out earlier.
2.5 – Determine boundaries for allowable options in dispute
Boundaries for allowable options
The final criteria in this second element, which has considered how to prepare for mediation, is
determining the boundaries for allowable options in the dispute.
‘Boundaries for allowable options’ refers to:
• Any existing policies, procedures and processes that place limits on the options
that may be formulated in the dispute resolution process.
In other words, you need to determine what things parties are prepared to concede on and
which things they will not move on when reaching any compromises in the mediation process.
So for instance, if the dispute was over money entitlement in a case of separation, you need to
find out the maximum percentage of money Party A is willing to concede and also the minimum
percentage of money Party B is willing to accept. From this, you will know how far you can
negotiations can go before the exercise becomes pointless and there is no chance of a
settlement to the dispute.
Boundaries may concern things like:
• Acceptable outcomes
• The time spent on the mediation process
• Mediation costs
• Conduct of the other party.

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3. SETTLE DISPUTE THROUGH MEDIATION
3.1. Use a range of communication techniques to mediate
3.2. Establish mutual agreement between parties in dispute
3.3. Formulate options for resolution of dispute and preferences
3.4. Continue with mediation until agreement is reached or time constraints conclude
3.1 – Use a range of communication techniques to mediate
Communication techniques
The next element within this unit considers how to settle disputes through mediation. The first
criteria within the element considers the use of a range of communication techniques to
mediate.
You will need to use a range of communication techniques to mediate.
Communication techniques may include:
• Active and involved listening, reframing, summarising, reflecting, clarifying,
paraphrasing, problem-solving and option-generated listening
• Techniques to suit the particular flow of the discussions and in response to
issues presented, to focus discussions on possible solutions.
Involved/active listening and responding
Involved/active listening is a form of communicating that requires the listener to feed back what
they hear to the speaker, by way of restating or paraphrasing what they have heard in their own
words. This helps both the mediator and client clarify and confirm what is being communicated.
Involved/active listening is the most effective form of communication between mediator and
client – it is functional, mechanical and leaves little room for assumptions/interpretation.
Feedback shows understanding and involves both verbal and non-verbal communication. When
a mediator is listening to the words being spoken by the client, they are also taking note of the
way the words are being spoken. Often, clients can find it difficult to express their feelings in
words and non-verbal cues can express a clients feelings more effectively. When a mediator

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communicates through active listening, it shows respect for the client and validates their worth.
This enhances the client’s self-esteem which, in turn, enables the client to relax and means they
are less likely to put up defensive barriers.
OARS skills (open ended questions, affirmations, reflections, summaries) are one example of
empathic listening skills because they are all about listening in a heartfelt manner without trying
to change or push the individual. These OARS skills come from a therapy called Motivational
Interviewing, developed by Professor William R Miller.
Reframing
This technique was pioneered by Virginia Satir and Milton H. Erickson. It is where a situation or
context is reframed to give it another meaning to the people listening/observing. So, for
example, if a previous perception was restrained by an overbearing belief, a removal of said
belief can help the person involved see the situation in an entirely new light.
Examples of reframing are where negative perceptions are reframed to a positive perception, or
highlighting that while an outcome was negative, the process was carried out with good
intentions.
In a mediation context, this can be used to help one party see the other party’s point of view and
why the dispute exists. This can be helpful in reaching a solution to the dispute.
Option-generated listening
This is where you, as a mediator, encourage both parties to communicate directly to each other,
rather than a third party (i.e. you).
The mediator’s role here is to create a non-judgemental and open atmosphere that encourages
creative thinking from both parties. You want to get people out of the mind-set of being critical or
analytical of the other person’s contributions or opinions. Ideally, there should be no pressure to
make a commitment during this session.
This technique helps reach solutions, as the two parties (or more) are dealing with their
problems directly and there is less potential for miscommunication.
Other communication techniques
There are various other communication techniques you can use in the mediation
process, including:

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• Summarising – this involves repeating what has been said back to both parties
involved, using their own words. This enables both parties to have an overview
of a situation and improves future communication. You must be careful not to
give advice, re-interpret what has been said or share your opinion.
• Reflecting – this involves going over what has been said and analysing the
meaning of it. You can identify if there are any boundaries which are preventing
the mediation process from moving forward.
• Clarifying – this involves going over and confirming both sides of an argument
with the parties in the mediation process. You will need to clarify what the issues
are and the intended settlement of the dispute.
• Paraphrasing – this is like a summary but you are creating a shorter version of
what has been said and re-wording it so it can more easily be understood.
• Problem-solving – this involves identifying what the exact problems are, either
through direct or indirect questioning. From this, you then look for reasonable
solutions as to how these problems can be resolved and steer both parties into
discussing the idea of solving their disputes and compromising or coming to an
acceptable settlement.
3.2 – Establish mutual agreement between parties in dispute
Mutual agreement
Ultimately, you want all parties involved in mediation to come to a mutual agreement on how to
solve their dispute. This mutual agreement is the basis on moving forward and putting the
dispute behind them.
To establish a mutual agreement, you may need to use the aforementioned communication
skills mentioned in section 3.1.
To recap, these are:
• Involved/active listening and responding
• Reframing
• Option-generated listening
• Summarising

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• Reflecting
• Clarifying
• Paraphrasing
• Problem-solving.
This mutual agreement, once reached, can then be confirmed both verbally and in written form.
3.3 – Formulate options for resolution of dispute and preferences
Options for resolution of dispute and preferences
You will need to go through all of the options for dispute resolution and obtain the preferences
form both parties. This will depend precisely on the nature and topic of the dispute, but you
should seek to summarise all available options and clarify the preferences of both parties.
Facilitation is a process where a neutral employee in the organisation acts as a facilitator, not to
judge or make final decisions, but to help both sides decide the best way to settle the dispute.
Mediation is a process where a mediator, a neutral third party, helps the conflicting parties
explore solutions to their dispute. Mediators can be internal employees trained in conflict
management and mediation, or they can be trained external professionals who have no
perceived conflict of interest with the organisation.
Conciliation is a process in which the parties to a dispute, with the assistance of a dispute
resolution practitioner (the conciliator), identify the issues in dispute and conciliator develop
options, consider alternatives, give expert advice and encourage the parties to reach an
agreement.
Arbitration is much more formal process than mediation or conciliation that is costly and timeconsuming method of resolving disputes. In some ways it is more similar to a court, because at
the end of the session the arbitrator makes a binding decision.
Litigation involves assistance with disputes and claims which may arise in the course of any
commercial transaction or deal. Such matters could arise between different companies, or

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between companies and individuals. Issues which fall under litigation can range from
contractual matters, banking transactions and fraud, to mergers and acquisitions, regulatory
mechanisms or competition, corporate management and restructuring problems.
3.4 – Continue with mediation until agreement is reached or time constraints
conclude
Continuing mediation
The length of mediation will vary depending on several factors, such as:
• The nature of the dispute
• What is at stake
• The cooperativeness of both parties
• The complexity of the issues
• The amount of parties involved
• The knowledge and interests of both parties
• The emotional state of both parties.
A typical individual mediation session can last between three and four hours, but more complex
issues can mean sessions last for up to a day or more.
Whatever the situation, mediation sessions should continue until agreement is reached between
both parties. However, mediation may be cut short by time constraints and, in this case, you
should opt to schedule more sessions if financially possible (and as schedules allow).

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4. FINALISE AND REVIEW MEDIATION
4.1. Circulate documented agreements to all parties and complete all documentation
required by organisational guidelines.
4.2. Review effectiveness of mediation identify improvements and refine mediation
guidelines.
4.3. Assess and maintain currency of knowledge and skill base of mediators.
4.1 – Circulate documented agreements to all parties and complete all
documentation required by organisational guidelines
Circulating documented agreements
This unit, which looks at how to manage mediation processes, is almost complete. The fourth
and final element within the unit considers how to finalise and review mediation. The first criteria
considered is circulating documented agreements to all parties and completing documentation
required by organisational guidelines.
How can you circulate documented agreements?
Documents can be circulated either in written or electronic format.
For documents in written format, you can hand these out in person or opt to mail these, or leave
them on peoples’ desks, depending on the environment you work in and that of the involved
parties. Documents could also be given out before or after the mediation sessions themselves.
If you circulate documents electronically, this is likely to be via email.
Be aware of privacy and confidentiality when circulating documents – you must make sure that
the documents are not seen or given to those outside of the mediation process. You must make
it clear that the involved parties should not divulge any of the documents to those outside of the
process and make it clear that confidentiality rules apply.

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Completing all required documentation
You must complete all documentation required by organisational guidelines.
Documentation may include:
• Factual summary of issues
• Description of parties involved
• A timeline of events
• Legal issues (if applicable)
• Common ground and differences between parties
• Negotiation history
• Mediation timetable
• Glossary of technical terms
• Schedule of key documents (indexed and with page numbers).
The following general tips are useful in all cases:
• Documentation should be completed as soon as possible after each session
• Progress notes are legal documents. They must be filled out the following way:
o Using black ink and printed
o No correction fluids (tip-ex, whiteout) to be used
o Corrections must be indicated by a line drawn over the mistake. Initial the
correction and re-write the information
o Draw a line to the end of the page where documenting information does
not fill all the allocated lines (as per a personal cheque)
o Date all notes and include the time of mediation
o Sign all notes a print documenter’s name and position/status.
Documents should be:
• Concise
• Objective
• By exception

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• Appropriate in language (no slang, unless recording direct speech)
• Include only necessary information.
Concise documentation
This means including the right amount of information – not too little or too much. You need to
get to the point in as few words as possible; use appropriate words, sentence structures and
avoid frivolous information that is not relevant.
Objective documentation
This involves only including the facts in documentation and no opinions or bias affecting what is
recording. Subjective information is based on assumptions and feelings and will not accurately
portray the incident.
4.2 – Review effectiveness of mediation, identify improvements and refine
mediation guidelines
Review effectiveness of mediation
Once the mediation process has been completed, you then need to review its effectiveness. Did
it resolve the dispute and were both parties able to come to a mutual agreement? Did the
structure of mediation go as planned?
Think about what you can learn from the process – is there any way that you can make the
process more efficient?
Think in terms of things such as:
• The setting of mediation
• The structure of each session
• Any anomalies that occurred
• Preparing for contingencies
• The time spent
• Preparation for mediation sessions
• Communication styles

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• The individual interview process
• Options for dispute resolution.
Once you have analysed these factors, you can then use them to refine mediation guidelines so
that future mediation sessions and are more effective and streamlined. Every mediation session
should be a chance to learn and improve – never think that the process is perfect and that
nothing can be done to make it better.
4.3 – Assess and maintain currency of knowledge and skill base of mediators
Assessing and maintaining currency of knowledge and skill base
Finally, you must assess and maintain currency of knowledge and skill base of mediators.
Knowledge must be up to date on mediation practices and any relevant legal guidelines that
apply or are related to them.
The skill base of a mediator includes the following:
• Communication skills:
o Involved/active listening and responding
o Reframing
o Option-generated listening
o Summarising
o Reflecting
o Clarifying
o Paraphrasing
o Problem-solving
• Objectiveness
• Impartiality
• Patience

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• Emotional intelligence.
Currency of knowledge and skill base may be maintained through:
• Attendance at workshops or in-service activities
• Participation in formal and informal networking activities of mediators
• Undertaking formal training programs.
The above should be done as necessary to build and maintain knowledge and skills of
mediators so that they are always as current as possible. They should be reviewed and tested
on these skills and knowledge, just as the mediation process itself is reviewed.
From this, they can be given constructive feedback and performance reviews to help improve
their ability as a mediator.
Assessment should be done according to a set of pre-determined and verified standards, such
as those developed by Mediator Standards Board. These include the Approval Standards (for
mediators seeking approval under the National Mediator Accreditation System) and Practice
Standards (for mediators operating under the National Mediation Accreditation System).

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