Mediation summaries offer a
unique opportunity to craft precisely the message you wish to send
the other side – without interruption, confident it will be read. A written summary designed to influence the decision making process on the other side can move the dispute a long way toward settlement.
What should a mediation brief include?
The brief should include
what the parties want the Mediator to know
. This may include information / documentation that one party wants the Mediator to know on a confidential basis, which should be indicated as such or provided to the Mediator separately beforehand or on the day.
How do you write a summary for a mediation?
- Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake. …
- Provide a concise summary of the facts and claims. …
- Summarize prior settlement discussions. …
- Identify strengths and weaknesses. …
- Bring it home.
How do you explain what mediation is?
Mediation is a process wherein
the parties meet with a mutually selected impartial and neutral person
who assists them in the negotiation of their differences.
How long does it take to write a mediation brief?
Mediation Briefs 101
With luck, it can be written, edited and assembled in
about 4-6 hours
. Introduction: 200+/- words describing the type of case and a short version of the facts and damages.
What do you say at the beginning of a mediation?
Good morning, I am , from the mediation program
. I am your mediator today, which means that I am here to help you and to aid your efforts to resolve your conflict. To help you, I will stress three things: One, your voluntary participation.
What is the purpose of a mediation brief?
Conclusion. The purpose of a mediation brief is
just to get information to your mediator so that the day can go quickly and smoothly
. Even when time is short, you can use these simple ways to fill your mediator in on the details of your case.
What are the 5 steps of mediation?
- Stage One: Convening The Mediation. …
- Stage Two: Opening Session. …
- Stage Three: Communication. …
- Stage Four: The Negotiation. …
- Stage Five: Closure.
How do you act in mediation?
- Rule 1: The decision makers must participate. …
- Rule 2: The important documents must be physically present. …
- Rule 3: Be right, but only to a point. …
- Rule 4: Build a deal. …
- Rule 5: Treat the other party with respect. …
- Rule 6: Be persuasive. …
- Rule 7: Focus on interests.
How do you get what you want in mediation?
Mediators help the parties get what they want by
asking open-ended questions to find out what it is they
want. To determine their desired outcome, the mediator can simply ask, “What exactly are you looking for in this deal?” The mediator should try to determine if the parties’ wants are common, different or opposed.
Why do we need mediation?
Mutuality—Parties to a mediation are typically
ready to work mutually toward a resolution
. … The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think “outside of the box” for possible solutions to the dispute, broadening the range of possible solutions.
How long does a mediation take?
A mediation session can last anywhere from
two hours to a full day
, depending on the case. All participants attend the full session, although there are typically several breaks and opportunities for private meetings with the mediator and/or with counsel.
When should mediation be used?
Mediation is often used as a method of dispute resolution in situations where
the parties in a disagreement want to
, or will be forced to, keep working together or to maintain an ongoing relationship even despite the disagreement.
What is a mediation brief Ontario?
In Ontario, the parties are required to exchange mediation briefs which include a statement of the issues to be mediated. … The mediation brief is
an opportunity to tell the client’s story in a compelling and persuasive manner
so as to convince the opposing parties on the merits of settlement.
How do you present yourself in mediation?
- Ensure that both party and representative are present, fully informed and have authority to resolve the dispute. …
- Expect the unexpected. …
- Listen, listen, listen!! …
- Watch those tactics. …
- Be prepared for mediation. …
- Be imaginative. …
- Watch yourself.
What do I say in mediation?
While honesty is very important,
tact
is also important in mediation. Some people say, “I was just being honest” or “I was just being direct” to justify saying insulting or tactless things to the person with whom they mediate. This person tells her/himself, “I was honest.
