How Does the Mediation Process Work?
At the beginning of mediation, the mediator discusses the process and how it works. He or she describes that anything discussed in mediation is confidential. The parties will usually provide an opening statement in which they discuss their perspective, the legal issues involved and why a settlement has not been reached. Depending on the mediator’s approach and the relationship between the parties, the mediator will then meet with the parties jointly or put them in separate rooms and talk to them separately while fluttering information and solutions back and forth. If the parties reach an agreement, the mediator drafts the terms of the agreement into a written document and then the parties present this agreement to the court, if a court case is involved.
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