Listen to the views separately The mediator or conciliator may wish to begin by listening to the views of each side separately. This is sometimes called shuttle mediation and is especially useful where there are power imbalances between the parties. This process can encourage openness and will provide a better idea of what is at stake. During this process, the mediator or conciliator must be willing to listen and should stay neutral. Finally, he or she must ensure the parties are willing to meet face to face before moving to the next stage. Bring the parties together on neutral ground Mediation and conciliation should always occur on neutral ground. When the parties meet in person, this should be on the commission’s premises or other neutral offices, which do not provide an advantage for either party. Define the mediator’s role In mediation, the role of the mediator is to: ■■ Enable parties to present their points of view; ■■ Help the parties come to a settlement; ■■ Explain the basic principles of human rights; ■■ Ensure that neither side in the mediation is at a disadvantage; ■■ Help parties record the settlement; ■■ Ensure that the settlement is respected; and ■■ Return the file for investigation if mediation is unsuccessful. In most circumstances, the facts discovered during mediation cannot be used in the investigation. Define the conciliator’s role In conciliation, the role of the conciliator is to: ■■ Let the parties understand the results of the investigation, including likely outcomes if appropriate; ■■ Allow both parties to present their points of view; ■■ Help the parties identify their respective interests; ■■ Ensure that a mutually acceptable solution satisfies their interests as well as the public interest; ■■ Help the parties record the settlement and present it to the commission for approval, with recommendations; and ■■ Ensure that the terms of the settlement are applied. Negotiating the settlement agreement The settlement agreement should be in writing and should be signed by both parties. It usually takes the form of a legal contract and so may be enforceable. The terms of the resolution should be consistent with international and national human rights law, should resolve the grievances of the parties, and should be sustainable, i.e., develop the durable capacity for dealing with such disputes in future. Settlement agreements that result from conciliation should be in the public interest. 95