MEDIATION
Mediation is a process in which a mediator, independent of the disputing parties, facilitates the negotiation between parties, of their own solution to the dispute by assisting them to:
– isolate the issues in dispute,
– develop options for their resolution, and
– reach an agreement which accommodates the interests and needs of all the parties.
The mediator does not impose a solution upon the parties.
Tips on how to prepare for mediation:
– Many clients will be experiencing mediation for the first time, so educate them about the process and the roles of the mediator and legal representatives,
– Encourage clients to participate in joint sessions, and re-assure them that they can call for a break if needed,
– Have the client prepare an opening statement in the client’s own words,
– Allow the parties time to discuss non-legal issues before they start to talk about agreement,
– Tolerate emotion and tolerate discussion that is not rational.