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them to mediation. Each participant gives a version in a way that demonstrates how good that person is. It is a statement of innocence.

The second part of the story is the complaint against the other[s], which demonstrates how bad the other person is. Each story usually maximizes gain and minimized loss to themselves. It is a statement of responsibility.

The third part of the presenting story is the teller’s definition of the problem.

(Haynes et al, 2004)

The exploring phase helps the parties to understand each other’s perspective. It provides the mediator with an understanding of the parties interests and issues and to identify obstacles to resolution. The mediator needs to be an active listener, may ask questions and may seek clarification during this stage of the mediation process. He/she can confirm the interests of the disputants by summarising for each disputant and to ensure the accuracy of mediators understanding of the disputants. Parties may also be encouraged to speak directly to one another.

The Negotiating Phase helps parties to focus on the specific matters or items, which must be

resolved. ‘Mediation is the management of other people’s negotiations..... is all about helping people to negotiate a settlement of their dispute’. (Haynes et al, 2004). The mediator should frame the issues in a way that promotes problem solving i.e. in a positive way and using neutral language to invites option generation. He/she should also encourage the parties to be as creative as possible.

The Concluding Phase is where hopefully the mediation will result in agreement. The mediator assists in moving from a preferred option to a settlement agreement. He/she should ensure that the settlement deals with all the issues. If no agreement is possible the mediator should acknowledge progress made and perhaps suggest prospects for use of mediation in the future.

Overcoming Concerns with The Mediation Process

Disputing parties come to the mediation process with an number of inhibitions and concerns that must be allayed by the mediator. They are often confused and fearful of losing their rights and being taken advantage of. While disputants may like the idea of settling conflicts in a less adversarial manner, they may sometimes not be clear about the role mediator and what the process entails. For mediation to be fairly evaluated, legitimate concerns need to be separated from misconceptions about the process; then the risks can be properly assessed and the advantages evaluated.

A ‘caring approach’ should be adopted by the mediator as well as ‘setting the tone of the mediation process’. This entails giving ‘each side equal respect and power of their position being equally valid and meaningful (Hope, 2009). Establishing ground rules is important. The parties must feel safe. Disputants may be concerned that they will not be able to negotiate effectively with the other party and they will lose. The mediator has a duty and responsibility to protect both parties.

Good mediators are not neutral. It is ‘impossible to be truly neutral while listening to any story’ and mediators should maintain ‘balance rather than neutrality’ (Haynes et al, 2004). Mediators are directly involved helping the parties to effectively negotiate and must maintain balance between the parties, assuring each party has suffici