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ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.
Appropriate decision-makers must be present at the mediation. Everyone should participate honestly and courteously. Each person should be willing to understand, but not necessarily agree with, the others' concerns. Participants should remain open to new ideas for resolution.
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.
While mediation sessions are more informal, your mediator should be skilled at keeping your sessions as orderly as possible. It's essential that both sides get an equal chance to explain their stories relating to each issue. Your mediator should act as your referee to ensure that this happens.
Mediation cases often involve conflict arising in divorce and child custody issues and in disputes between family members, neighbors, business partners, landlords and tenants, and labor unions and management.
Pay attention to the tone of your own voice as well as those of the parties in the room. Understand what you can make or break the entire process just by knowing where to turn and when to do so. Be open to new methods and new strategies, and remember that mediation often gets easier as time goes by.
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.
A child's views and preferences under the new Divorce Act There is no specific age ? such as 12 or 14 ? when children get to decide who they will live with. Each child is unique, and their views are one factor that a judge will consider when deciding what parenting arrangement is in their best interests.