Mediation Mediation Form With Two Points

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

The Mediation mediation form with two points is designed for parties engaged in a dispute resolution process facilitated by a neutral mediator. This form outlines the fundamental principles of neutrality and confidentiality that govern the mediation process, ensuring that the mediator acts solely as a facilitator without providing legal advice. Essential features include full disclosure requirements and mutual waivers of rights to call the mediator as a witness in any legal proceedings, promoting an open environment for resolution. The form also emphasizes the withdrawal process, allowing either party to exit mediation at any time while encouraging communication about such decisions. The final agreement, once reached, is captured in a Memorandum of Understanding, which parties are urged to review with their attorneys before signing. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides a structured framework for mediation that facilitates effective negotiation and settlement of disputes. Legal professionals can utilize this form to guide clients through mediation, ensuring they understand their rights and obligations and the importance of confidentiality in such proceedings.
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FAQ

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.

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.

Thereafter, every mediation statement should begin with a summary or overview of the case. The overview is designed to capture the attention of the reader and set forth in a short, concise manner the identities of the parties, the nature of the dispute, unresolved issues and the author's desired result.

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.

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Mediation Mediation Form With Two Points