Information on Mediation

PARTICIPATING IN MEDIATION

Mediation allows two or more parties to openly discuss issues and resolve them in a safe environment facilitated by a neutral mediator. 

Mediation can only happen when two parties are willing to participation. It implies a willingness to communicate openly and honestly with all parties.

The mediator’s role is to open communication and develop trust between the parties, who can then create options and alternatives and eventually reach a mutually acceptable resolution to their differences or misunderstandings.

During a mediation either party can request a break or a caucus with the mediator for help through difficult issues that may or may not get revealed to other party.

1. Participation in mediation is voluntary for all parties. 

2. Payment is required in advance.

3. When participating in a session over Zoom each person logs in from their own computer screen, and log on separately, and from separate rooms where the sound is contained to that room.

4. It is helpful for participants to be in a quiet location, in a private setting free from intrusion. 

5. Please do not bring small children to the mediation.  It is not appropriate to have other people who are not part of the session in the rooms.

6. At the beginning of each mediation session, the parties agree on basic “ground rules” for conduct during the session -- for example, no interruptions, or offensive language.  

7. The mediator will interrupt to control intensity, and may mute or place one party in a separate break-out room in order to address each participant separately until peaceful behavior can be restored.

8. The mediator may terminate a session if these ground rules are repeatedly ignored.

9. The length of a mediation depends on participants as well as the complexity of the issues to be addressed in any particular session, the number of issues under consideration, and the personalities of the people involved, as well as patience with the process. More is accomplished when participants are able to listen deeply as well as carefully express their concerns and positions.  

   On average, mediation sessions last about 2 hours.  However, in case you may need more time to obtain a satisfactory agreement, please have at least a 3 hour block of time available unless otherwise agreed in advance.  If a resolution is not in process towards the end of the meeting and there is a need for further mediation and we will set another time to meet to complete the mediation session.

10. It is important to the progression session, that the participants in mediation feel free to discuss their issues openly.  To promote that kind of communication and to encourage settlement, all participants must sign a Confidentiality Agreement in which they agree that all statements made during the course of mediation will be kept confidential and will not be used outside the mediation session for any purpose, including any legal proceeding.  Please review the copy of the Confidentiality Agreement prior to mediation session.

    Within this setting, the mediators plays a neutral role in the mediation process.  In most session, they do not know the individual participants prior to the mediation.  However in some cases one or two parties will be known by the mediator, if this is the case, the familiarity with the client will be disclosed in the beginning. 

11. Mediators do their best to not make any judgments about who is right and who is wrong, who should or might have an advantage in another forum like court.  They are trained to separate any personal feelings from their conduct of the mediation session, so both parties can find a suitable resolution and no one loses

12. Mediators offer no advice or information to either party about their legal rights in the dispute.  The mediator may terminate or postpone the mediation session if it appears that knowledge of such rights is key to a party’s willingness or ability to reach a particular resolution to the dispute.

13. During mediation, the parties will have the opportunity to express their concerns, viewpoints and desires with each other.  It is critical to a successful mediation that non-adversarial nature of the mediation process is honored and that parties feel that they are in control of resolving their differences.  

14. Since the mediator will not be rendering any judgments, it is not necessary to bring witnesses or detailed evidence to the session.  Mediated resolutions work best when all parties honor their commitments to mutually satisfactory agreements.

    However there is no policing for agreements being kept. That is up to the abilities of the parties involved.  

15. Agreements reached in the mediation process are intentionally phrased in simple, everyday language.  They are not intended to be comprehensive legal contracts. 

16. Agreements reached during mediation may be written, if the parties consent, and we encourage them to do so.  Because of the confidential nature of the mediation process, an agreement written in mediation cannot be disclosed to persons outside the mediation, nor be enforced in a court, unless both parties agree in writing that it will be disclosed or used in a particular way outside of a personal agreement.