The 7-Stage Mediation Model: Building Agreements

As we approach the end of the mediation, we are now in a position where the parties have come up with some ideas between them on how best to end their dispute.

In Stage Six, we can reality-test these ideas and begin to draft up the written agreement. As part of this, parties can decide on who will see the agreement (if anyone), form some fall-back arrangements (in case the agreement breaks down), and consider contingencies (if an agreement is not reached).

Once a number of options for resolution have been raised, we can encourage the parties to check them against the following criteria:

• Do they satisfy the parties’ real, substantive interests?

• Have all possible win-win solutions been explored before trading some win-lose options?

• Are the options workable?

• Do both parties feel that the options have been arrived at fairly?

Our role as mediators here is to probe the validity of the options (‘What will this mean in practice?’), and to test the workability of them. This can be done with the 4 ‘Wh’ questions: ‘Who?’ ‘What?’ ‘When?’ and ‘Where?’ (but not ‘Why’!)

We can also help the parties to evaluate each option (‘What is it for you that works or doesn’t work?’), and help them compare options against the consequences of not settling or of going through more formal processes.

Once settlement options have been pinned down, we can begin to write the agreement. Agreements in mediation are not inherently legally binding, but are useful to both record details of what has been agreed (as well as that the mediation has taken place), and also to recognise the often-difficult work that parties have put into the process.

A good-quality mediation agreement should:

• Affirm the efforts the disputants have put into making the agreement

• Use clear, simple language

• Be positive

• Describe the actions to be taken in SMART terms:
  - Specific
  - Measurable
  - Achievable
  - Realistic
  - Time-orientated

• State specifically who the parties consent for the agreement to be shared with

• Have a fall-back clause: what will happen if the agreement fails to work or does not become implemented

• Be written and agreed in the session, so that the parties can take it away on the day or be sent a scan of it straight after the session

All that’s left to do now is to close the mediation session, which we save for Stage Seven…