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Mediation allows people in conflict to meet with a neutral, professional mediator to discuss their issues and get a better understanding of the situation. A mediator does not take sides or decide who is right or wrong and will work with you to find a path forward to resolve the conflict.

Generally, mediation clauses are enforceable. However, mediation is essentially a consensual process, and a settlement is unlikely if one party is forced to participate. The mediation clause recognizes that both parties have considered, and are open to, the mediation process.

Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.

In most cases, all parties will begin the mediation session together in one room. This is called a joint session. After each person introduces themselves, the mediator will discuss the ground rules. The parties may then stay in the same room discussing their views of the case, or meet privately with the mediator.

Five Keys to a Successful Mediation Attitude adjustment. This is probably the most important thing that you can do to help reach a successful conclusion in the mediation of your dispute. Prepare, prepare, prepare. State your case clearly and keep the emotion out. Be flexible. Be patient.

The agenda should include the meeting's goal, a list of topics to be discussed with their purposes, time allocations, and assigned facilitators. This structure provides a clear roadmap for the meeting, ensuring that all important points are covered. Share the agenda with all participants well in advance of the meeting.

Agenda Setting be discussed but came directly from what the parties have actually said. Note that the mediator should write the issues in neutral, non-judgmental language, so as to avoid upsetting or disadvantaging one side.

(3) "ADR provider" means a neutral person who conducts an ADR procedure. An arbitrator, mediator, and early neutral evaluator are ADR providers. An ADR provider may be an employee of the court or an independent contractor.

Begin mediation by listening to each person's story separately. Next, bring them together to meet face-to-face. Allow them an equal chance to speak and explain their perspective. Brainstorm mutually beneficial solutions and, once both parties settle on one, summarize the agreement.