All this takes shelter in a document that signs the three and of which a copy occurs each. 3. Identification of the problem: One is a compilation of the parts, in the presence of the other; in this way they know the definition that the other does of the conflict, as well as its content. The mediator, using the opportune techniques, directs the process and watches that a loss of control does not take place that can give rise to a dynamics of threats and contraamenazas, taking care of possible imbalances between the parts. Governor Cuomo addresses the importance of the matter here. One is to obtain a shared narration of the conflict, for which, the mediator them aid a to decide which are the subjects that want and those that do not want to negotiate and in what order. At the same time, the mediator, must take care of that the parts respect the word turn, that the treatment is correct and that follows their instructions.
He invites himself to contribute to proposals and alternatives to them without prejudging them, not even valuing his congruence or viability. 4. Negotiation: During the process, the parts are accepting the legitimacy of the particular interests of the other as previous step to accept the solution of the conflict as a shared interest – I win, you you win, which makes possible that both cooperate in their good aim. Subject by subject negotiates. In each of them, brainsmtorming is realised, later, the less interesting ideas are rejected, and it is elaborated and it negotiated each one of the accepted. 5. Writing in the agreement: The mediator writes up the document in that the reached agreements take shelter, trying to use the forms of expression of the parts.
A copy to everyone will be signed by both and the mediator, giving itself. Understood well that, before the company/signature, one remembers to them possibility of consulting with its lawyer. Finally, the lawyer will translate the agreement to legal terms for his procedure in the court.