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Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.
The mediation is ?successful? as long as either or both outcomes are capable of being recognised by the participants ? and that will be the case for most mediations in which parties participate in good faith, even if they are sceptical as to the prospects for settlement when they embark on it.
A mediator should not render a decision on the issues in dispute. The primary responsibility for the resolution of a dispute rests with the parties. mediator should not coerce a party in anyway. A mediator may make suggestions, but all settlement decisions are to be made voluntarily by the parties themselves.
Some experts estimate that 80 to 90 percent of all disputes submitted to mediation are resolved through the process.
???Mediator Qualifications In addition, mediators must also complete the required family mediation training as dictated by Texas Civil Practices & Remedies Code, Sec. 154.052 and possess a J.D. from an accredited U.S. Law School in order to mediate divorce cases for the Dispute Resolution Center.
The definitive compliment that can be said about the mediation process is that over 85% of all cases are settled and the parties walk away feeling like a winner. This requires the mediator to develop an agreement that is durable, longlasting and satisfies the interests of all parties to the session.
Mediation has an average success rate of 70-80%, The fact that mediation has an average success rate of 70-80% is a testament to its effectiveness as a dispute resolution tool.
Don't raise your voice or say swear words during the process. Instead, work on regulating your own emotions. It's okay to express your emotions constructively, but too much anger during mediation can certainly get you in trouble.