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Mediation officers are encouraged to use a facilitative/problem-solving approach that respects the concept of party self-determination.
1. Introduce Parties
- Informality -- Balance of names (John, Jane, or Mr., Ms.)
- Are all the right people at the table? Decision makers?
- Any party participated in a mediation before?
2. Mediator’s Background
3. Voluntariness of the Process
4. Review – Mediator’s Role
- Facilitate, assist with negotiations
- Control only the process, not the substance
- Neutrality of mediator
- Check conflicts of interest with parties
5. Discuss Confidentiality
- Settlements discussed in mediation not admissible in arbitration.
- Mediator cannot be witness in arbitration/court; cannot be subpoenaed
- Evidence or information gathered, submitted, or exchanged during the course of the mediation may be used in an arbitration, only to the extent that it was obtained independently of the mediation process
- Exception for risk of harm
6. Describe the Mediation Process
- Amount of time involved (usually a two-hour minimum)
- Overview of “procedure” — tell stories, clarify issues, ask questions, identify issues, etc.
- Caucuses
- Parties’ roles
7. Safety Issues
- Weapons
- Risk of harm