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each of the parties and/or party representatives to gather facts,
Identify interests and issues, setting the agenda for
Consideration of the issues, and soliciting resolution options;
B. These sessions can be very important times to learn the interests
Of the parties;
C. Parties feel at ease and more willing to share information in the
Private caucus sessions;
D. The mediator should emphasize the confidentiality of the process
And ask permission to disclose information revealed to
him/her;
E. The mediator should explain to the parties and their counsels that
it is possible that he/she may spend more time with one of
The parties or another but that does not mean the mediator
favors that particular side – only that more time may be
Copyright 2008 Mina Akins Brees page 12
Needed for the discussion. This is not an indication of
Partiality.
Option Generation
A. This is one of the most important parts of the mediation process
Because the mediator explores with each of the parties and
Their representatives various options for the resolution of the
Issues in dispute. The mediator should keep a written record of the options discussed;
B. The mediator should work through each issue in dispute in
An attempt to resolve the dispute;
C. The mediator should encourage the parties to think outside the box
And creatively;
D. The mediator must keep in mind that the parties make the
Agreement and resolve the issues not the mediator.
Reality testing (this is an optional stage in the process)
A. Once the mediator has gathered the resolution options, the
Mediator with the assistance of the parties and the
parties’ representatives should test whether the options
Discussed are feasible and whether or not the options can
Actually be executed once the mediation is completed.
b. The mediator should ask the parties the question: Can the parties
honor the terms of the agreement?
Bargaining and Negotiation
A. When the various options for resolutions are on the table, the
Mediator must assist the parties and their representatives
Through the bargaining and negotiation process to determine
Which of the resolution options can be agreed upon by the
Parties. This part of the process requires give and take and
Most likely each side will have to give up something in order
To receive the benefit of something else.
B. Many times the parties are negotiating monetary amounts so
The mediator may shuttle back and forth between the caucus
Rooms carrying information and offers from room to room
Copyright 2008 Mina Akins Brees page 13
As the parties work to settle on compensation that is acceptable to all.
Agreement
A. If the parties reach a resolution of all or part of the issues in
Dispute then it is the responsibility of the mediator to prepare
A formal, written agreement which the parties approve and
Sign while they are at the mediation process. The general
Rule is that the parties should not be allowed to leave the
Process until they approve and sign the agreement in a
Written document. All parties and party representatives
Should leave the mediation with a copy of the written and
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