THE MEDIATION '5 STEPS' PROCESS

​1. INTRODUCTION ​(by the mediator)

  1. Explanation of the nature and process of mediation.
  2. Confirmation that the parties who are present have the authority to enter into a settlement agreement.
  3. Companies’ representatives must have the authority to make decision on behalf of their respective organisations.
  4. Certain ground rules are imposed to be followed by the parties throughout the mediation process, for instance, parties are encouraged to speak and address each other with courtesy and only one person is allowed to speak at a time. 
  5. Next, parties will come together in the First Session.

2. ​FIRST JOINT SESSION

  1. Identification of issues at hand and acknowledge the concerns, needs and interests of the respective parties.
  2. Parties are encouraged to raise their disagreement/misunderstanding and explore various options and alternatives to resolve their dispute.
  3. After that parties will be broken up into private breakout session.

3. BREAKOUT SESSION ​(with the mediator privately)

  1. Discussion on confidential and sensitive issues pertaining to the dispute with the mediator, where parties disclose issues which they are not comfortable expressing or disclosing to the other party in the first joint session.
  2. To ensure fairness, parties are given equal time and opportunity with the mediator in each private session.
  3. At the end of the private session, the mediator will invite both parties to attend the second joint session where options and alternatives solutions will be discussed between parties, focusing on the needs and interests of the parties. 

4. SECOND JOINT SESSION

  1. The mediator will assist and facilitate the parties to solve their disputes amicably and effectively.
  2. If mediation is successful, the mediator will advise parties to enter into a settlement agreement, where detailed terms for settlement shall be discussed between the parties.
  3. If mediation is unsuccessful, the mediator will dismiss the mediation session.
  4. In instances where parties only manage to reach a settlement that resolves part of the dispute, parties have the option to resolve the remaining dispute by way of litigation or arbitration.

5. RESOLUTION ​(by the parties)

  1. Any agreement following a successful mediation may be recorded in writing by way of a settlement agreement.
  2. Parties will discuss the terms for the settlement agreement in detail, facilitated by the mediator.
  3. It is pertinent to note that the settlement agreement will bind both parties upon signing.
  4. Hence, it is always advisable to propose viable, achievable and practical terms for settlement.
  5. Upon signing of the settlement agreement, it is important to note that the settlement agreement is not subject to further appeal.
  6. In the event either party breaches any term in the settlement agreement, the aggrieved party may sue the defaulting party for breach of the settlement agreement.
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