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What is the most difficult part of the mediation process?

The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute. Most disputes tend to be very personal and some people want their day in court, whatever the cost.

What are the limitations to mediation?

Some of the drawbacks to mediation include: Party cannot be compelled to participate, except when ordered by Court; Need to establish a legal precedent; or complex procedural issues involved; Party with authority to settle is unavailable or unwilling to negotiate; May not be cost effective in a particular case;

What situations are appropriate for mediation?

Mediation may be appropriate when: Parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party. There are strong psychological or relationship barriers to negotiating a resolution.

What do you say at the beginning of a mediation?

Im (Mediators Name) and this is (Mediators Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.

What happens in the mediation process?

Generally, during the process, parties move to separate caucuses. The mediator will carry messagesoffers, counter offers, questions, demands, and proposalsbetween both sides to help the parties move closer to resolution.

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