PROTOCOL P-17 | Mediation & Third-Party Intervention

Mediation Process Protocol Intake Protocol

TRIGGER After successful mediation intake and all parties' agreement to the process.

STEPS

1. Opening session: introduce the process and establish ground rules

   The mediator opens with: their role (neutral, not a decision-maker); the process structure and what to expect; ground rules (respectful language, confidentiality, voluntary participation, right to withdraw); and how agreements will be documented and verified.

2. Opening statements: each party describes the situation from their perspective

   Each party is given uninterrupted time to describe the situation, what matters to them, and what they hope to achieve from the process. The mediator listens actively and may summarize but does not evaluate.

3. Issue identification: map the issues to be addressed

   The mediator helps parties identify the issues to be resolved in priority order. Issues that are out of scope (legal matters, issues requiring external determination) are noted and set aside.

4. Interests exploration: move from positions to underlying interests

   For each issue, the mediator helps each party articulate their underlying interests — not just what they want but why. This is the core of mediation: when interests are visible, options that address them can be generated.

5. Caucuses: private sessions with each party as needed

   Use the Caucus Planning Guide (T-32). Caucuses are appropriate when: a party cannot express interests freely in joint session; emotional dynamics are preventing progress; an option needs private testing before joint discussion. Caucus findings are not shared without the party's consent.

6. Option generation: develop options that address multiple interests

   In joint session or through shuttle between parties, generate options that could address the interests of all parties. The mediator's role is to facilitate option generation, not to propose solutions.

7. Agreement drafting and closure

   When parties have reached agreement on some or all issues: draft the agreement using the Agreement Documentation Template (T-30); read it back to all parties; confirm that all parties understand and accept the record; have all parties sign or acknowledge; and establish the monitoring mechanism.

PURPOSE

To provide the full mediation structure (intake, joint opening, issue identification, caucuses, joint problem-solving, agreement drafting, and closure) ensuring that the mediation process is designed, conducted, and documented in a way that produces durable outcomes and maintains the trust of all parties.

Roles and Responsibilities

Conducts process:

Actor: Mediator
Responsibility: Designs and conducts all sessions; manages dynamics; uses caucuses strategically; drafts the agreement.

Participates:

Actor: Developer Representative
Responsibility: Participates in good faith; has authority to make commitments within their remit; escalates decisions requiring higher authority before sessions if possible.

Participates:

Actor: Community / Affected Party Representative
Responsibility: Participates in good faith; is supported in understanding the process and their rights throughout.

Supporting:

Actor: ComRel Officer
Responsibility: Coordinates logistics; does not participate in sessions unless invited by all parties; monitors follow-up.

Field Notes and Adaptation Guidance

• Field Note — Agreements signed under pressure do not hold

  An agreement reached because one party was exhausted, pressured, or felt they had no other choice is not a durable agreement. The mediator's job is to ensure that parties reach agreement from genuine understanding and acceptance, not from depletion. If an agreement cannot be reached in a session without pressure, schedule another session. A slower agreement that holds is better than a fast agreement that collapses.

• Field Note — Unresolved issues are not failure

  Not all mediation processes resolve all issues. A partial agreement, on two of four contested issues, is a genuine achievement. Document what was agreed and what was not, and establish next steps for unresolved issues. Partial resolution is progress, not failure.

• Adaptation Guidance

  For community parties who may find the formal mediation setting intimidating, consider beginning with an informal pre-mediation session where the mediator simply explains the process, answers questions, and allows community members to meet the mediator in a low-stakes context. This reduces anxiety about the formal process and builds confidence that the mediator is genuinely neutral.

Required Output / Documentation

• Agreement record (T-30: Agreement Documentation Template) signed or confirmed by all parties

• Post-Agreement Monitoring Sheet (T-33) established before sessions close

• Mediation summary report prepared by mediator (process summary, issues addressed, issues unresolved, agreements reached)