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Once agreements have been reached, the mediator will write the information, which has been provided in the disclosure form, into a document called an Open Statement of Financial Information. This document is not legally privileged, meaning it can be used in future legal proceedings.

Mediation is a flexible dispute resolution process in which an impartial third party facilitates negotiations between parties to help them devise their own, mutually acceptable solutions. The mediator will ask questions, reframe issues, assist the parties to understand each other, and help identify solutions.

A mediation statement should distill the issues in the case. Less is always more. Start with a single paragraph identifying the parties and summarizing the claims. Provide a concise summary of the key facts without the gory details, as objectively as possible.

The case went to mediation, and her boss never lost his job. The claims have been in mediation since early last year, court records show. The two remain in mediation and have yet to agree to a settlement. The two sides were set to begin mediation of the dispute on Thursday.

Unlike litigation or arbitration, the process is not adversarial. It is not necessary to prove that one party is at fault. The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute.

In sum, a mediation brief should focus on the structure and timing of the brief and the case itself, including the facts, procedural history, applicable case law, decision-making factors, and unresolved issues and potential options for settlement.

Preparation of position statements A Position Statement should be a brief summary of a party's position. Generally, it should be around 5 sides in length. Position Statements should be provided by each party to every other party, and the mediator.

I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.

Agenda Setting Note that the mediator should write the issues in neutral, non-judgmental language, so as to avoid upsetting or disadvantaging one side. Converting individual grievances into mutual problems as far as possible encourages a co-operative problem solving approach.