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Whilst the courts cannot force a party to mediate, the judge will expect that the parties have considered ADR and where a party refuses to mediate it will be necessary for them to explain why. You should seek advice from someone experienced in commercial mediation if you are thinking of refusing mediation.

However, depending on the jurisdiction and nature of the dispute, a judge could view your refusal as a mark against you, mainly if the refusal appears unreasonable. Additionally, you might miss out on the benefits of an early and often swifter resolution that mediation can offer.

Mediators at The Mediation Center are affiliates who have completed at least 30 hours of basic mediation training and completed additional time in our structured, skill-building apprenticeship program. They are required to attend continuing mediator education workshops throughout the year.

Mediation is often a successful way to resolve disputes, but it is not always the best choice. For example, you should not go to mediation if: There is a power imbalance: When there is a significant power imbalance between the parties, you should avoid mediation.

Whenever there is a custody dispute in Nebraska and parents have not created a parenting plan amongst themselves or through their attorneys, mediation is required under the Nebraska Parenting Act.

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.

There is no written, audio, or video recording of the session. The atmosphere is informal and conversational. The mediator explains the Agreement to Mediate and asks the parties to sign it. The mediator explains the mediation process and the mediator's role.

What Are the Steps of Mediation? Introduction to Mediation. In a first session, the mediator introduces themselves, explains the process, and reviews the role of the mediator. Information Gathering. Building an Agenda and Generating Options. Assessing Options and Seeking Agreement/Understanding. Closing the Mediation.

The mediation process typically involves intake assessments, an opening statement by the mediator, parties stating their goals, identifying common ground, exploring issues, generating options, private sessions if needed, refining solutions, and documenting any agreement reached.