07 •
the collection of information from other parties mentioned (witnesses, allies, etc.) in a separate manner;
•
the coaching of parties heard in the description of their needs, expectations and interests and those of the other parties. The mediator must use tact to ensure that the description is not turned into a reprimand or accusation, but assists in the presentation of facts and expectations;
•
field visits and holding of public mediation sessions, if necessary;
•
the search for solutions is the stage in which the mediator provokes exchange between parties on the possible options. In turn, each party gives one or many possible solution(s). As a result of this exercise, several solutions are often proposed. It therefore lies with the mediator to understand the visions and expectations of all parties and to establish the links. After this, the mediator must help the parties to assess the various possible solutions proposed in the light of law, customs, social justice, equity, etc. It is the crucial step of the culmination of the process; ultimate outcome;
•
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HOW TO SUCCESSFULLY CONDUCT A MEDIATION PROCESS
field visits and holding of public mediation sessions, if necessary;
Facilitation in the signing of an agreement after the mediation in favour of parties who do not know how to write. Photo ©UN-Habitat 2012.
7.3.3
HOW TO REACH A CONSENSUS IN LAND MEDIATION?
Recording the solutions to be agreed upon by parties in conflict by an agreement is such an important step in the mediation process that success is sometimes measured by the number of agreements and certifications signed. However, several other activities are also important in the “conclusion of the agreement”: •
Securing parties’ commitment. It is often appropriate to work with parties to identify the opportunities of mutual assistance for the implementation of the contents of the agreements. At the same time,