Build Rapport

Your mediator believes a rapport and level of trust must be established with the parties and attorneys at the very beginning of the session to set the tone for a successful outcome. A positive relationship with your mediator is crucial to the process.

To Begin

The mediation belongs to the parties and is run in accordance with their direction. Your mediator begins with an informal approach if no direction is given.

Rooms

The parties are placed in separate rooms.

Introduction

Your mediator will begin the session with an informal introduction about the process that is geared to the experience level of the people in each room.

Facilitative Approach

A facilitative approach is used during your mediation. This is where your mediator does not evaluate the case, but instead leads a collaborative conversation with the parties about the nature of the settlement. With confidentiality always observed, the conversation between the rooms is done using your mediator as the messenger.

Evaluative Approach

An evaluative approach will be offered and may be used near the end of the process if all the parties agree. This is usually done by the use of “Your Mediator’s Proposal”. The process is explained to the parties after your mediator meets with the attorneys in a separate room.

Terms of Settlement

Once the session is over your mediator meets with the attorneys to discuss the terms of the settlement to avoid any possible misunderstandings. A meeting will also take place if a settlement is not reached to determine if anything further can be done to settle the case.