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Early Case Evaluation : Q & A : Mediation : Mini-Hearing : Mediated Settlement Conference

• Maximize communication between the parties, ensuring all parties are treated with dignity and respect.
• Identify the interests behind the positions the parties have taken in the dispute.
• Meet with all parties in one group and/or talk to each party individually and move back and forth between the tables if that is helpful. Information shared with the mediator in these sessions will not be relayed to the other party unless the mediator is given specific permission to do so.
• Assist parties in the generation and evaluation of options which may resolve the dispute to the satisfaction of all parties.
• Assist in writing any agreement which may remain confidential unless otherwise required by law.

Communications are confidential.    top

• Communications in a mediation or between the parties and the mediator are confidential. Each party can give the mediator confidential information knowing that the mediator will not share that information with anyone else unless the party gives permission to do so. Sharing information in a mediation does not, however, protect information if it is otherwise discoverable in litigation, or public information as required by law.

Participants have the ultimate control over the outcome.    top

• Parties, who have the most knowledge about the dispute, can fashion an agreement to resolve it.
• Parties may create solutions satisfactory to all parties that may not be available through a formal legal or administrative process.
• The mediator cannot force the parties to reach any agreement.
• The mediator cannot enter any orders in any pending case related to the mediation.
• Participants do not give up any right they have to litigation or a hearing by participating in a mediation.

Mediation often works because the process allows the parties to:    top

• Express their feelings and interests.
• Be heard in a confidential process.
• Identify what is really important to them.
• Get feedback from a neutral outsider about the dispute.
• Formulate options for resolving the dispute and evaluate the pros and cons of each option.
• Have absolute control over whether agreement is reached.

Mediation is particularly appropriate when:    top

• The parties have an ongoing relationship.
• The consequences of not resolving the dispute are negative, i.e., expensive, time consuming, risky, or otherwise unsatisfactory.
• There is a wide range of potential resolutions to the dispute.

Mediation is probably not appropriate when:    top

• An agency needs a legal interpretation by a judicial body to guide future actions.
• An agency is seeking to establish an important precedent.