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It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, This is all your fault or If not for you, I wouldnt have been injured. Placing blame can raise the other partys guard, which could make them less likely to compromise.
Example: Nobody wants to say it out loud, but we have all witnessed bad behavior from a mediator. A short high light reel includes yelling at the parties or counsel; cultural, gender or racial insensitivity; demeaning comments directed at counsel and/or the client; and telling interminable and off-point war stories.
Good afternoon, my name is and I am serving as your mediator today. Are you here in good faith? Both the mediation agreement and the resulting settlement agreement, if any, are not confidential. INTRODUCE yourself and (if applicable) your co-mediator.
Start with a summary of who the parties are and what is at issue before getting into the facts and the details of the claims. Provide a concise summary of the facts and claims. The next section should provide details to help the mediator quickly learn the key facts and how they relate to what is at issue.
Five Keys to a Successful Mediation Attitude adjustment. This is probably the most important thing that you can do to help docHub a successful conclusion in the mediation of your dispute. Prepare, prepare, prepare. State your case clearly and keep the emotion out. Be flexible. Be patient.
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Cons Because the mediator has no power to impose a resolution of the dispute on the parties, the parties must be willing to compromise. Mediation costs money, and an unsuccessful mediation will result in additional costs of litigation. Mediation takes time, usually anywhere from a couple of hours to a full day.
It is not necessary to prove that one party is at fault. 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.
You should emphasize that mediation is a continuation of the negotiation process. Your client should understand that she will retain full control of what happens in the mediation. The mediator has no decisionmaking power; the mediator serves as a neutral to facilitate the process.

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