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Overview of Mediation


Mediation Definition: Facilitated communications for what you perceive to be your fairest and most constructive agreement possible.


1. Voluntary--any party can leave at any time for any reason.

2. Collaborative--parties work together on their shared problem, resolving their conflict through their perceived fairest and most constructive agreement. There is no need to convince the mediator of the value of a position because the mediator decides nothing; the parties decide everything.

3. Fair--mediation utilizes standards of fairness which include recognized objective standards and principles of fair play, full disclosure, fully-informed decision making, opinions of mutually-agreed-upon experts and the full and equal participation of all parties of the mediation.

4. Confidential--Mediation is confidential by contract, rules of evidence or privilege.

5. Informed--The mediation process provides a full opportunity to obtain and incorporate legal and other expert information and advice. Mutually acceptable experts (accountants, appraisers, pension evaluators, child development specialists, career planning specialists, and legal counsel) may be retained jointly by the parties.

6. Impartial and Safe--The mediator has equal responsibility to each mediating party and cannot favor the interests of any one party over another. Parties are assisted to feel comfortable and confident in their agreement-reaching discussions.

7. Self-Responsible, Satisfying, Creative--People support what they help to create and participant satisfaction, compliance and self-esteem are usually elevated. The mediation process is flexible; mediated agreements are personal, customized and creative. Mediation is the beginning of a new relationship that is respectful, solidly based, and future-focussed.

Phases of Mediation:

1. Introductions, Orientation, and Agreement to Mediate

2. Identification of Points of Agreement and Prioritization of Open Issues

3. Development of Needed Information and Documentation

4. Focussed Discussion on Interests and Desired Outcomes

5. Resolution of Open Issues through Listening, Brainstorming, Mutually Acceptable Objective Standards of Fairness or Expert Opinion

6. Drafting, Enhancement and Processing of Agreement

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