MEDIATION IS A PROCESS WHERE CONFLICTING PARTIES ATTEMPT TO RESOLVE THEIR DIFFERENCES BY AVOIDING LITIGATION.
To facilitate the negotiations, they hire a mediator to act as a neutral third-party. Their role is to facilitate the discussion by allowing each party the freedom to present their argument and the ability to reach a resolution together. The mediator does not decide who wins and the outcome is more satisfactory since the parties maintain control over the eventual agreement.
Mediation is non-binding, which means that if a resolution is not reached, the parties will remain in the same position as they were prior to the mediation process.
Parties in the mediation process may be represented by a lawyer or another agent of their choosing, or they can attend themselves. It is preferable that the persons attending a mediation be in a position to make an agreement if the circumstances provide for such an opportunity.
WHAT HAPPENS DURING A MEDIATION?
A mediation session can be viewed
as a formal meeting between both sides, their counsel (if necessary), and a mediator.
The Mediator’s Role.
Establish the process in which the sessions would follow, as well as setting ground rules and an agenda for each session.
Opening Statements.
Each side would present their opening statement that outlines their view of the case and what they hope to achieve from the proceedings. If they decide to forego opening statements, the mediator would provide a synopsis of the facts and issues of the case.
Discussions.
Joint Session
The parties and their counsel will explore each topic as outlined by the agenda. The discussion for each topic would uncover the underlying interests beneath the issues.
Private Session
One side will meet with the mediator to discuss issues arising from the joint discussions and review any settlement offers.
Resolution.
As the negotiations progress, the mediator will summarize areas that each party agrees upon and areas that remain unsolved.
Once a resolution is reached, the parties draft an agreement to reflect the terms. Each side would then review with their respective legal counsel (or seek independent legal advice if they did not have one during the proceedings).
HOW TO PREPARE.
Your Story:
Review the topics and the points you want to express.
Assess how the other side will interpret your story.
Outline the strengths and weaknesses of your position.
Compare your story to the other side’s. Make note of the similarities and differences.
For the Settlement:
Consider all your options for settlement and how you would handle them.
Personally:
The proceedings can be emotionally and mentally exhausting.
The sessions may bring up emotional subject matter.
SCHEDULE AN APPOINTMENT
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