ABSTRACT

The separate opportunity for each party to talk alone to the mediator at an early stage of every session is one important structural safeguard that ideally should not be dispensed with if full, free and fair expression is to be protected. A neutral forum free of stigma or coercion, the control and skill of the impartial mediator and the non-threatening framework of the session, all make it possible for issues too highly charged for the parties to discuss on their own, to be brought out into the open and talked about. A variety of strategies will be used by the mediator in any single negotiating session, depending on the stage reached, as well as on the needs of the parties. After seeing each party separately, the joint meeting is re-convened and the mediator briefly summarizes the issues, objectives and feelings of each party.