Mediation Between Mediation Format

State:
Multi-State
Control #:
US-02296BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

The Mediation Agreement between Private Parties is designed to facilitate a conflict resolution process between two parties through mediation. This form includes critical elements such as neutrality, confidentiality, and full disclosure, ensuring that both parties understand their rights and obligations. The mediator acts as a neutral facilitator, providing an impartial space for the parties to negotiate their settlement without offering legal advice. Importantly, all communications during the mediation are confidential, fostering an open dialogue without fear of repercussions in subsequent legal proceedings. The form allows for both parties to withdraw from the mediation process at any time, maintaining flexibility in their engagement. Upon successful resolution, a Memorandum of Understanding is created, requiring each party to review it with their attorney before finalization. This agreement also outlines the sharing of mediation costs and specifies that it will be governed by relevant state laws. This form serves as a vital tool for attorneys, partners, owners, associates, paralegals, and legal assistants involved in dispute resolution, providing a structured approach to achieving amicable settlements.
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FAQ

I am your mediator today, which means that I am here to help you and to aid your efforts to resolve your conflict. To help you, I will stress three things: One, your voluntary participation. The mediation process exists for you benefit, which is why it can be voluntary.

Provide a concise summary of the facts and claims. The mediator will not have the patience or need to read an appellate brief. Avoid prose but use headings and bullet points to organize the section, and to summarize the claims, defenses and background about the parties.

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.

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.

There are distinct phases in a mediation. Firstly, the mediator meets with each party separately to understand their experience of the conflict, their position and interests and what they want to happen next. During these meetings, the mediator will also seek agreement from the parties to a facilitated joint meeting.

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Mediation Between Mediation Format