Pre-mediation interview

1. PRE-MEDIATION INTERVIEW
Analysis of the dispute

2. ASSESSMENT& INTAKE
• Interview managers;
• History of management action to resolve
dispute;
• Interview parties separately – history of
dispute; who else is involved;
• Understand their expectations.

3. INTAKE INTERVIEW
• Define your role and reassure the disputants
that you do not take sides.
• Listen to their concerns and advise of
confidentiality
• If possible conduct interviews face to face but
with improved technology they may be over the
phone

4. INTAKE
• Educate the parties of the process;
• Assist parties to focus on possible outcomes;
• How do they want it resolved?
• Are they mediating in good faith?
• Do the parties want to punish each other?
• Are there outside influences?

5. ANALYSIS THE DISPUTE
• Analysis information – WHS breach of
legislation;
• What is the union’s role? Should the union
organiser be present at interviews?
• Is mediation appropriate? How old is the
dispute; have parties adopted extreme
positions?

6. INTAKE INTERVIEW
• Are parties acting good faith?
• Are they ready to negotiate? Do they need to
obtain legal advice prior to the session?
• Identify factors that may prevent resolution;
• Power imbalance; is there a threat of violence?
• Should parties attend individual counselling or
conflict coaching prior to the mediation
session?

7. INTAKE INTERVIEW
• Identify all the parties to the dispute
• Obtain a history of the dispute, collect all the
data and analysis the facts to the dispute
• Is it suitable to be managed in the ADR
framework?
• What action has been taken to resolve and / or
manage the dispute?

8. WHAT MAY GO WRONG
Intake
• Do not understand the importance of external
factors – family relationships;
• Do not understand the animosity between the
parties;
Mediation
• Mediation new concept for parties;
• Parties may not be committed to resolution;
• Parties may not feel they have been heard.

9. INTAKE INTERVIEW
In Summary
• Establish initial contact with the disputants
• Identify all the parties to the dispute
• Determine if mediation is the appropriate
intervention
• Educate on the process and build rapport with
the parties
• Identify factors that may prevent resolution of
the dispute