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THE LAW REFORM COMMISSION OF HONG KONG - page 197 / 360

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Functions of a mediator

7.16These are divided into procedural, substantive, and communicative functions.

Procedural functions :

1.Using joint or separate meetings with the parties,

2.influencing the climate and duration of meetings,

3.chairing meetings and keeping order,

4. sequential discussion and grouping of issues, and

5.adjourning meetings if a party needs time to cool off, or is not ready to continue with the process.

Communicative functions:

1.maintaining open and clear communication,

2.translating and transmitting information,

3.exploring alternative solutions advanced by the parties,

4. communicating the rigidities of positions,

5.communicating a party’s commitment to an agreement, and

6.communicating movement between the parties.

Substantive functions:

1.determining priorities of the parties,

2.reality testing,

3.deflating extreme positions,

4.developing the habit of reaching agreement,

5.assessing the consequences of an impasse against the values of the remaining issues,

6.finalising and ratifying the agreement, and

7.monitoring the agreement.

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