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Participants Mediation Tool Kit | |
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Resources to support the mediation process
Sample Mediation AgendaSample Mediation Groundrules
Interests Inventory
Reality Testing Questions
Confidentiality:Excerpts from the California Evidence Code
Sample Mediation Agenda
9AM TO 5PM WITH 1 HOUR FOR LUNCH Purpose: To mediate a mutually acceptable agreement to the dispute.
| 1. Welcome , Introductions and Expectations | 5 min |
2. Phase 1:Procedural Agreements
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15 min |
| 3. Phase 2: Education Each party describes their perspective of the dispute and identifies the issues that must be addressed. If necessary an order of discussion is agreed upon. Each party articulates what is important to them. Mediator summarizes issues and interests. |
180 min |
| 4. Phase 3: Option Generation Potential solutions are developed, possibly through brainstorming. Solutions should address what is important to all the parties. |
60 min |
| 5. Phase 4: Negotiate Agreement Establish criteria to assess options. Examine pros and con's of solutions. Consider best and worst case scenarios. |
120 min |
| 6. Document and Sign Agreement Draft terms of agreement and sign. |
30 min |
| 7. Evaluation and closure | 10 min |
| TOTAL TIME: | 7 Hours |
1. We shall take turns speaking and not interrupt each other.
Identify the five words that most strongly describe what is important to you, and then prioritize them:
| Accuracy Acceptance Accountability Adequacy Adventure Affection Appreciation Approval Attachment Authority Autonomy Beauty Belonging Certainty Change Chaos Cleanliness Comfort Community Competence Competition Compliance Confidence Confidentiality Consideration Consistency Continuity Control Cooperation Convenience Creativity Customer satisfaction Dignity Disclosure Decisiveness Economic Security |
Efficiency Employee Satisfaction Equity Excitement Expediency Fairness Financial Gain Forgiveness Freedom Freedom from anxiety Freedom from fear Friendship Fulfillment Fun Growth Getting Even Health Honesty Independence Intimacy Inner harmony Integrity Involvement Justice Knowledge Leadership Love Loyalty Market Share Meaningful work Merit Money Nature Opportunity Order Peace Power |
Promotion Pleasure Prestige Privacy Purity Quality Recognition Relaxation Reputation Respect Revenge Secrecy Stability Safety Saving Face Security Self-esteem Self-image Self-respect Serenity Service Shelter Sleep Space Stability Status Strength Trust Understanding Variety Warmth Wealth Wellbeing Work under pressure Work with others Working alone |
- What do you see as the strengths of your case?
- What do you see as the weaknesses of your case?
- What do you see as the strengths of the other's case?
- What do you see as the weakness of the other's case?
- What is your best case scenario if this matter goes to trial?
- What is your worst case scenario if this matter goes to trial?
- What is the most likely scenario if this matter goes to trial?
§1115. Definitions
(a) "Mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.
(b) "Mediator" means a neutral person who conducts a mediation. "Mediator" includes any person designated by a mediator either to assist in the mediation or to communicate with the participants in preparation for a mediation.
(c) "Mediation consultation" means a communication between a person and a mediator for the purpose of initiating, considering, or reconvening a mediation or retaining the mediator.
§1119. Mediation Confidentiality
Except as otherwise provided in this chapter:
(a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential. §1121. Mediator Reports and Communications
Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any report, assessment, evaluation, recommendation, or finding of any kind by the mediator concerning a mediation conducted by the mediator, other than a report that is mandated by court rule or other law and that states only whether an agreement was reached, unless all parties to the mediation expressly agree otherwise in writing, or orally in accordance with Section 1118. §1125. When Mediation Ends
(a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that fully resolves the dispute.
(2) An oral agreement that fully resolves the dispute is reached in accordance with Section 1118.
(3) The mediator provides the mediation participants with a writing signed by the mediator that states that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121.
(4) A party provides the mediator and the other mediation participants with a writing stating that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. In a mediation involving more than two parties, the mediation may continue as to the remaining parties or be terminated in accordance with this section.
(5) For 10 calendar days, there is no communication between the mediator and any of the parties to the mediation relating to the dispute. The mediator and the parties may shorten or extend this time by agreement.
(b) For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute, mediation ends when either of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that partially resolves the dispute.
(2) An oral agreement that partially resolves the dispute is reached in accordance with Section 1118.
(c) This section does not preclude a party from ending a mediation without reaching an agreement. This section does not otherwise affect the extent to which a party may terminate a mediation.