New Hampshire Important Mediation Information

Planning. Mediator's introduction. Opening remarks. Joint discussion. Caucuses. Negotiation. What do you think is most valuable to the mediation process?

Planning. Before the mediation process begins, the mediator helps the parties decide where they should meet and who should be present. Mediator's introduction. Opening remarks. Joint discussion. Caucuses. Negotiation.

Mediation sessions usually begin with the introduction of the mediator to the two parties.The mediator will then explain the role of the mediator -- to be an impartial facilitator, not an advocate or judge of either party, and to assist the parties in arriving at their own solutions.

The principle of confidentiality. The principle of impartiality of the mediator. The principle of voluntariness. The principle of procedural economy. The principle of effectiveness and the principle of co-creation of the process. The principle of the independence of the mediator. The principle of competence of the mediators.

Decide When to Mediate. Learn About Your Mediator. Analyze Your Case Early and Often. Prepare an Effective and Persuasive Mediation Statement. Consider a Conference Call with the Mediator before the Mediation. Decide Who Will Attend and Who Will Speak at the Mediation. Master Mediation Etiquette.

A disadvantage to mediation is that the parties may not be able to come together on an agreement and will end up in court anyway. Arbitration is a more formal process for resolving disputes. Arbitration often follows formal rules of procedure and the arbitrator may have legal training that a mediator does not.

Don't rule out all opening statements because you have had bad experiences with them before. Think about whether there is anything either side could say that would be productive. Avoid saying alienating things, and say difficult things in the least alienating way possible.

There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.

Do I feel comfortable with this mediator? Do I feel like this mediator has integrity? Do I feel like this mediator will be fair and balanced and maintain integrity in the process?