Opening Statements by Parties

a. Each party and/or party representative has an opportunity to

Present the issues they believe are in dispute and their

Positions on those issues;

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B. For counsel representing the parties this is an important opportunity to make an impression on the opposition by

Preparing your presentation well to make your points

Most effectively;

C. This is the time in which not only the lawyers make their

Presentations but also the parties may make statements

As well.

Venting (this is an optional stage in the process)

a. The mediator may allow the party or party’s representatives to

Vent anger or frustration with regard to the disputed issues.

The mediator must be careful not to let this venting get out

of control because the parties may get so worked up/angry

That the process may terminate at this point instead of going

Forward to resolution. Venting is sometimes a positive process

Because the parties reveal their frustrations and rid them-

Selves of these distractions early in the process so they can think more clearly and rationally about resolution of the disputed issues instead of how upset or angry they are.

Information Gathering

a. This is really the mediator’s opportunity to visit with each party

And party representatives in a separate caucus sessions. The

Mediator can gather the facts as each party sees them and

Determine where the parties agree on those facts and where

They differ;

B. The mediator should keep notes and attempt to determine which

Interests the parties have that are similar;

C. This part of the process may be most beneficial when the parties

are separated into caucus sessions/separate rooms so they

May speak freely about their concerns;

d. The mediator must seek the permission of each party and his/her

Counsel when in a caucus session to reveal or share this

Information with anyone else;

E. The mediator must keep all information learned from the parties

Confidential unless given express permission to share it with the other parties.

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6. Issue & Interest Identification

a. Again the mediator’s responsibility is to listen to the parties

And their representatives about the issues which they believe

Are in dispute. The mediator takes this opportunity

To learn the positions and underlying interests of the parties on

The issues.

B. The mediators questions to the parties and their counsel are

Important and should be asked in a neutral manner

Including restating what the parties have said to make

Sure that the mediator understood what was said prior

To continuing the process.

Agenda Setting (this is an optional stage of the process)

A. Once the issues and interests are identified, the mediator with

Input from the parties and their representatives sets an

Agenda for consideration of each issue and the interests of the

Parties. The agenda also includes consideration of possible

Resolutions for each of the issues.

Caucus or private session (this is an optional stage of the process)

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