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These web sites offer more information about mediation:
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What to expect in Mediation.
A mediation session typically begins with a joint meeting of the parties, their attorneys and in some cases, insurance company representatives. The mediator first explains the format and discusses the confidential and non-binding nature of the proceedings. The physical setting will be controlled so that no party feels threatened. Most mediators will ask that if children are present, they wait outside.
The mediator will then give an opening statement to outline the role of the participants. Some mediators will make comments about what they see as the issue and confirm the case data if briefs have been submitted. Next, the mediator will define protocol and set the time frame for the process. There will be a review of the mediation guidelines and the mediator will briefly recap what it is that he has heard as the issues.
The opening statement during the introductory remarks will set out the ground rules for the mediation. These ground rules are what help the mediation move along smoothly. The mediator will usually ask that if attorneys are present, they can confer, but the clients should speak for themselves. Parties should not interrupt each other; the mediator will give each party the opportunity to fully share their side of the story. The mediator will typically then ask the attorneys for each party to make a brief presentation of their case, identifying the issues in dispute.
After the opening statement, the mediator will give each side the opportunity to tell their story uninterrupted. Most often, the person who requested the mediation session will go first. The statement is not necessarily a recital of the facts, but it is to give the parties an opportunity to frame issues in their own mind, and to give the mediator more information on the emotional state of each party. If there are lawyers present who make the initial statement, the mediator will then ask the client to also make a statement. The rationale behind the statement of the problem is not a search for the truth; it is just a way to help solve the problem
Following the joint meeting, the mediator will usually separate the parties in order to "caucus" with the parties in a series of private meetings. In these caucuses, the mediator helps the parties analyze the case and develop options for settlement. Normally, the mediator will caucus numerous times with both sides until the case either settles or it becomes apparent that settlement will not be reached.
Your experience may differ somewhat from this outline of a typical mediation session. Every case is unique and your mediator brings his or her own personal style and experience to the benefit of the parties.
Mediation participants should plan to actively participate in mediation for at least three hours. Generally, it is unnecessary to schedule breaks because all parties will have some time to go to the bathroom, smoke, make personal calls, etc. between private discussions with the mediator.
We strongly suggest that parties not leave The Center for Legal Solutions facility to eat. We will provide snacks and drinks during morning and afternoon sessions and serve lunch to those involved in full day mediation sessions. Remaining on site helps participants focus and make the best use of their time.
If you have questions about The Center for Legal Solutions that are not answered on this web site, feel free to e-mail your question to questions@centerforlegalsolutions.org and we will do our best to respond within 48 hours.
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