Getting Started
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A CAPABLE DESCRIPTION OF THE MEDIATION PROCESS
Define Mediation: Assisted Negotiation
Describe Key Qualities:
- voluntary
- collaborative
- controlled
- confidential
- informed
- impartial, neutral, balanced and safe
- self-responsible, relatively satisfying
INITIAL CONTACTS
- immediate caucus
- rely on descriptive materials
- separate introductory meeting or phase
- sample contact materials
SAMPLE MEDIATOR'S OPENING STATEMENT
- Introductions
- Prior Contacts
- Define and Describe Process
- Impartiality & Neutrality
- Logistics
- Caucus
- Confidentiality
- Suggested Ground Rules
- Answer Questions
- Joint Commitment
SAMPLE INTRODUCTORY SESSION AGENDA
- Welcome and Introductions
- Today: Introductory, Easy, Educational, Confidential
- Prior Contacts
- Your and Your Situation
- Overview of Mediation
- Fees and Costs
- Attorneys and Court
- Memorializing Progress
- A Next Session?
RESOLVING PRESSING ISSUES
- Interim
- Not Precedental
- Not Admissible
- Retroactive Application of Eventual Resolution
SAMPLE WORKING SESSION AGENDA
- Finalize Agreement to Mediate
- Confirm Additional Process Agreements
- Identify Desired Information & Documentation
- Share of Perspectives
- Identify and Expand Easy Points of Agreement and Shared Interests
- Indentify Respective Interests
- Establish Capable Problem-Solving Statements
- Discuss and Negotiate Issues
- Interests, Positive Intentions, Goals
- Options
- Selection Decisions
- Integration
- Draft, Refine and Implement
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Online Training Manual
Getting Started
Qualities of Mediation
Initial Contacts
Appointment Letter
Client Info
Agreement to Mediate
ABA/AAA/ACR Standards
OMA Standards
Family Mediation Standards
Letter to Legal Counsel
Introductory Session
Follow-up Letter
Ground Rules
Pressing Issues
Working Session
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Manual 