Mediation Between Mediation With Me

State:
Multi-State
Control #:
US-02296BG
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PDF; 
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Description

The Mediation Agreement between Private Parties is a formal document designed to facilitate mediation between two parties with the assistance of a neutral mediator. This agreement establishes key aspects of the mediation process, including neutrality, confidentiality, and the requirement for full disclosure. It emphasizes that the mediator does not provide legal advice and that both parties should seek their own legal counsel to understand their rights and obligations. Notably, all communications during mediation are confidential, with strict conditions on disclosing any information discussed. The parties are allowed to withdraw from the mediation at any time, and the mediator can also terminate the process if resolution is deemed impossible. The agreement covers the sharing of costs and outlines that a Memorandum of Understanding will be prepared if an agreement is reached. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides a structured framework for resolving disputes efficiently and amicably, ensuring that all legal considerations are addressed and that the parties are protected throughout the mediation process.
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FAQ

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.

Open the session on a positive note, by thanking them for being open to resolving the conflict. Remind them of the ground rules, summarize the situation, and then set out the main areas of agreement and disagreement. Explore every issue in turn, and encourage the participants to express how they feel to one another.

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.

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.

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.

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Mediation Between Mediation With Me