Wednesday, July 19, 2006

Mediator Tips
How to do a successful introduction

The Introduction part of the mediation is, above all, a way of setting the tone of the mediation and putting the clients at ease. If the clients are still anxious or hostile, it will not be an easy mediation. Here are some of the things that go into a sucessful mediation:

- Introduce youself and the clients– ask them how they would like to be addressed?

- Welcome the clients and thank them for coming.

- Ask whether everyone who is involved in the conflict is here. If not, ask if you should proceed?

- Logistics
- How much time does everyone have?
- Does anyone have time constraints?
- Restrooms; water; coffee
- Paper and pen for parties to take notes
- Take breaks as needed
- If in court – if an agreement is reached, no one will have to go back to court

- Explain Mediation
- The judge referred the mediation to give you an opportunity to try to reach a resolution yourselves
- How is mediation different from court
- An opportunity to communicate in a different way from in the past
- Voluntary
- Confidential, with exceptions
- Self-determination
- Mediators are impartial facilitators
- Mediators do not give legal advice
- Mediation works in a wide variety of casesand has good success rate
- Mediation can help you begin a more constructive process of communication
- Steps of the process
- Consulting attorneys is encouraged if desired

- Screening (in Family Cases)
- Introduce the idea
- Ask who would like to go first
- Screen each individually, and if there are questions about domestic violence, make a decision about how/whether to proceed

- Agreement to Mediate Form
- Give copies to all parties to read
- Summarize or highlight certain areas by paraphrasing
- All parties and mediators to sign form

- Ground Rules
- Sometimes people find it helpful to set guidelines for communication
- Give examples (e.g. one person speak at a time; take breaks when needed)
- Are there any guidelines that would help either of you in this mediation?

If you cover all these bases in a comprehensive manner, making sure that all parties understand what is going on, you will have carried out an effective introduction.

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