Overview of the Mediation Process*
Mediation Flow
Joint Session (Opening Statements) -> Caucus Sessions -> Conclusion (Settlement or Impasse)
Opening Statements
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The mediator begins the mediation – usually in a joint session – with an opening statement that provides initial instructions, describes the mediation process and sets the mediation agenda.
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During this time, the mediator will also explain the mediator’s role, the voluntary and consensual nature of mediation, and the confidentiality that applies and any limitations to that confidentiality.
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The parties are also encouraged to provide an opening statement to describe the issue(s) in dispute and any relevant matters that the parties deem worthy of consideration during the mediation.
Caucus Sessions
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A caucus session gives the mediating parties an opportunity to meet separately with the mediator to discuss issues and/or possibilities for resolution.
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During this time, the mediator may be seen as a messenger as she speaks with each side privately and presents offers, counteroffers, information, questions, etc.
Conclusion
Settlement
- If a settlement agreement is able to be reached, the parties will draft the agreement, consult with legal counsel, if needed, and sign.
Impasse​
- No agreement is reached.
* The above represents a general overview of mediations. Mediation processes and results may vary depending on the factors involved.
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