PACIFIC JUDICIAL DEVELOPMENT PROGRAM
MEDIATION PROCESS MODEL
Introduction
1. Good afternoon, my name is ----------------
I was trained as a mediator at the University of Hawaii and have 10 years of mediation experience
in settling disputes in a whole range of matters including family disputes and matrimonial
reconciliation.
2. I have no connection with anyone in this dispute and therefore have a neutral role.
I shall be fair and will not be taking any sides.
3. I will also not be resolving the issues for you. This is your dispute and today is about you finding a
solution that is acceptable to you both.
Describe the process of mediation
4. Mediation is voluntary. I understand that you are both willing to be here to try and resolve issues
affecting your relationship.
5. My role as mediator is to listen to both sides where you will briefly explain to me in your own words
the key matters that affect you and your relationship with each other. This will help us all
understand how you see the problems affecting your relationship and your marriage. If agreement
is reached, then it would be necessary for the agreement to be written down and if you approve the
wordings, you would be expected to sign the agreement.
6. Let me confirm that you will both be at the mediation?
7. Lets confirm the date, the time and venue for mediation. Do you have any time constraints? I have
made myself free all day.
8. We will have joint sessions as well as separate sessions depending on what progress is being
made. If during the sessions, you feel you want to say something, I suggest you write it down so
that you can remember to ask the question when the time comes.
9. Do you have any questions regarding the sessions before we proceed?
10. Let me stress that this mediation process is confidential. At the end of the process, I will not keep
any documents and will tear up documents in your presence.
11. Begin
(a) I will ask each party to briefly explain the key issues you have. The purpose of this is to improve
your awareness and understanding of each others perspective to the problems you are
experiencing.
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(b) After hearing both parties, say “I will now try to define the issues you both have outlined”
[Mediator defines issues raised by both parties’]
(c) Mediator sets the Agenda, asks Parties to prioritize issues for discussion and seeks support of the
parties to deal with which item first.
(d) Mediator may re-frame the issues outlined by a Party in order to be clear and gain better
understanding.
12. Isolating matters for discussion
(a) I am going to use this flip chart to put some points that may need further discussion.
(b) These issues are not in any order of priority. This is a flexible list and you may wish to add points to
this list.
(c) Do these points adequately cover the key issues for discussion?
13. Explore points on list
Which of these matters would either of you want to begin with?
14. Separate Sessions
This session is confidential. Having had discussions in a joint session, this is a good opportunity for us to
explore possible options that may assist to reach a resolution. You also need to look realistically at what is
going to happen if no agreement can be reached today. What alternatives are available to you?
When we have the next joint session, you will be attempting to reach a settlement.
15 . Joint Session
Much of our sessions have been focusing on the past. This is now the opportunity to shift the discussion
from the past to the future and the best way to do that is to discuss the options and how you see your
relationship in the future.
16. Evaluate Options for Final Agreement
REFER TO CHECKLIST OF OPTIONS
17. Finalize Agreement and Close
Congratulations. I am pleased to have assisted you today.
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TERMS OF SETTLEMENT
Between: - Husband
And: - Wife
1. The parties have voluntarily attended a Mediation Conference on at the after which the matrimonial dispute has been resolved.
2. The parties therefore understand and agree as follows:-
(a) That
(b) That
(c) That
Signed : _________________ (Husband) Signed: _________________ (Wife)
Date: _________________
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