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mediation is beginning to make its way into the corporate world.
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The National Mediation Center for Lawyers defines it as
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a structured process in which two or more parties attempt to reach an agreement
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with the help of a mediator for the amicable resolution of their differences.
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This is an ideal process for companies as it allows them to
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find a quick internal solution to blocked situations and avoid court congestion.
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I will describe 10 key points of mediation,
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whether it is formal with the recruitment of a professional mediator or more
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informal with the internal intervention of a third party with mediation skills.
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individual meetings.
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The mediator meets the parties in conflict individually.
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A prerequisite would be to acknowledge that there is a dispute.
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Do we agree that there is a conflict dispute between you?
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do we agree that you wish to resolve this dispute?
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The strength of mediation lies in its voluntary nature.
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The parties must show that they have made a real
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choice to move forward and resolve the conflict through mediation.
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If both parties are willing,
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it is already halfway there.
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The individual meetings will also allow each party to clarify the conflict
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and to refocus on their priorities
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thanks to the questioning and benevolence of the mediator.
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explanation of the process.
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Explanation of the mediation process will increase
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the confidence and motivation of stakeholders.
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You will need to be clear in this explanation time.
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Clarity about the steps in the mediation process
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to avoid the crystallization of the conflict,
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mediation centers offer mediation
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over 2 or 3 months renewable once.
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Clarity on the mediator's role and impartiality.
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Clarity on the rules.
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No personal attacks.
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Focusing discussions on the issue and the search for a solution.
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Speaking in one's name
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Clarity on the decision making process that should
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remain in the hands of the parties,
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the mediator will not decide for them.
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group interviews.
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At the end of the individual interview,
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the mediator brings the people together.
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when they've expressed their grievances individually,
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when they've worked through their emotions,
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when they've refocused on their priorities,
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when they are convinced that mediation can help them,
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then they are ready for a group meeting in the presence of the mediator.
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And in a neutral place,
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The expression of emotions.
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The initial disagreement became a conflict because emotions got mixed up in it.
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They must be expressed so as not to cloud reason and get stuck in deadlock.
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Whether or not the parties are aware of their emotions,
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it is essential to have them verbalize.
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There certainly is worry.
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emotions are tangled up in judgments about oneself and others.
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It's mainly in one on one conversations with the mediator
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that this emotional purge must take place.
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Sometimes in group interviews,
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emotions can also be expressed with respect for the other person.
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If an emotional outburst is too strong during a collective interview,
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the mediator may decide to take a break
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from the plenary session.
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And devote individual time
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to the party or parties
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overwhelmed by emotion
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and then decide whether or not to resume the collective interview.
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It should be noted that it has been proven
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that the expression of emotions is useful
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if and only if it is followed by a search for causes and or solutions.
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Otherwise it will only increase the emotional load
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and frustration.
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question and rephrase whether in an individual or collective interview.
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Active listening with its tools of questioning
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and reformulation will make all the difference.
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What you're saying,
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is that you feel the contract has not been respected.
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is to have more leeway in your projects.
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The mediator questions not only to understand.
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But for the other party to understand.
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The mediator rephrases not only that the speaker feels heard
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but so that the other party has heard.
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the mediator allows each party to clarify,
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to express the why of the how,
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many of the misinterpretations
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that a lack of dialogue and listening had fostered.
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Key 0.6 framing.
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The mediator frames the discussion by reminding the parties of the process
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He or she may interrupt the discussion at any
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time to facilitate exchanges and avoid slip ups.
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no personal attacks,
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can you speak for yourself with the eye?
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We're getting away from the crux of the matter.
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I suggest we refocus on.
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The framing also consists in inviting them little
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by little to talk directly to each other,
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whereas at the beginning,
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if the tension is strong,
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they will only talk to the mediator without looking at each other.
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framing means simplifying the problem
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so that it can be clearly and concretely defined.
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If the conflict boils down to
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I blame the other party for everything they have done,
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it is difficult to find a solution.
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If the conflict gets stuck at,
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I want them to accept all my conditions,
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it is difficult to find an agreement.
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The mediator will help to simplify the problem by asking good questions.
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Here are two key questions for this.
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what is your priority,
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your number one priority?
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In the case of a breach of contract,
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some will say that their priority will be to have reached an agreement in 3 months,
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let it not last.
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Others will focus more on the amount of compensation.
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Others on the notice period and the departure date.
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For the company,
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its priority will sometimes be
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to ensure that the conflict does not spread throughout the team
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and that the employee involved in the conflict does
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not pollute his or her colleagues with their grievances.
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Of course everyone wants the maximum,
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especially at the beginning time,
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with the help of the mediator,
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their top priorities will help to lay the foundations
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for a future compromise,
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win-win and give and take.
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The second question the mediator can ask to simplify the problem is
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what bothers you the most?
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Sometimes a conflict can be resolved very simply by asking this question.
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I have a case in my memory where the person was simply waiting for the
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other person to apologize for having told him or her that they were incompetent.
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targeting a possible area of agreement
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when the problem has been simplified and everyone's priorities are made clear.
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The mediator then leads the parties towards a solution.
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What do you propose to get out of the impasse?
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What do you expect from the other party?
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What are you willing to give up to respond in part to the other party's priority?
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The mediator supports at this point,
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particularly the motivation of the parties to find a solution,
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to find a compromise.
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It's a tense time.
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Because sometimes everyone has to let go of things
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that they had never thought of letting go,
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the mediator then helps by reminding all the advantages of finding common ground
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and getting out of the conflict,
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the advantage for everyone,
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the advantage for the teams,
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the relief that will take place when the conflict is far behind.
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it supports and values all cooperation and proposals for a solution.
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Ensure the sustainability of solutions.
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The mediator ensures that the solutions chosen are win-win,
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Be aware that an agreement based on more concessions from
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one of the two parties will not be sustainable.
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When a solution is reached,
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the mediator makes sure that everyone understands the agreement in the same way.
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They consolidate the solution by summarizing the
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concrete commitments with an agenda for action.
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They make sure that all solutions are understood
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The solution must also include an agenda for follow up,
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how to do the follow up on what,
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what will be the dates.
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An agreement cannot be sustainable if concrete
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follow up on commitments is not considered.
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Put the agreement in writing.
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Depending on the situation.
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This could be a summary email,
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a letter of intent,
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or an agreement signed by both parties.
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As long as the agreement cannot be put in writing,
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it is not clear enough.
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The agreement should include an agenda and follow-up steps.
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It may also include the process to be followed
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in case of non-compliance with the commitments of one of the parties,
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calling in an internal or external arbitrator,
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referral to the court.
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celebrate the end of a mediation whether it came to an agreement or not.
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You gave the best of yourself and deserve to be congratulated for that.
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Invite the parties to celebrate as much as possible,
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maybe not together if the agreement has led to difficult concessions.
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Value the parties.
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It's a feat to have mediated their way out of a conflict
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without having a manager,
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or judge decide for themselves.
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Finding their own solutions is the proof
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they behaved like adults.
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The children are waiting for Mum and Dad to resolve their conflicts.
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Adults find a path to resolution together.
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Solving a conflict on one's own requires an
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openness and intelligence that few people have.
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Congratulate the parties and invite them to celebrate
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when they come out of the tunnel.
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