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This is called an intake or pre-mediation session. These sessions assist the mediator in understanding what each party considers important, why negotiations may not have been successful to date and what each party is expecting from the process. It also allows the parties to ask questions about the process itself.
In the realm of family mediation, confidentiality is not just a legal requirement, but a fundamental pillar upon which the process stands. It guarantees participants the freedom to speak openly, explore solutions, and work towards resolving their disputes in a secure and private environment.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your clients strengths and the other sides weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident. The weaknesses of your case.
Each party will enter a Mediation Agreement with the Mediator in which the Mediator promises to keep each partys information confidential. Here are some things to keep in mind: The Mediator must not provide information to the other side which they have received from you, without your consent.
Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline
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As noted above, the heart of the mediation privilege is confidentiality. Essentially, by statute, the only statement or writing made in connection with mediation which can be disclosed without the express consent of both parties is the agreement docHubed during the mediation itself.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your clients strengths and the other sides weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident. The weaknesses of your case.
Mediation is voluntary and confidential. The mediator will agree with everyone involved what information can be shared outside the mediation and how. If you do not docHub an agreement, anything thats been said during the mediation must be kept confidential and cannot be used in future procedures.

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