The Mediation Process The practice and philosophy of mediation through Conflict Resolution Center, Inc. typically has the following characteristics although flexibility is maintained to accommodate unique situations. Who Is Present Participation: Mediation is a process that has voluntary participation. Even if the courts order to you to mediation, the mediator will facilitate participation to arrive upon as many agreements as possible. Representation: Experience has taught us that having attorneys present during the mediation sessions tends to interject higher levels of adversarial conflict than is necessary as the parties attempt to reach an agreement. We have found that attorneys are most effectively used in between sessions and before a settlement agreement is finalized. Mediator: A mediator who is certified by the Supreme Court and who has had substantial professional training and experience. Basic Structure Flexible Process: The mediator maintains flexibility to accommodate the uniqueness of every mediation circumstance. Two Hour Sessions: Full sessions last 1 1/2 to 2 1/2 hours. Most situations are resolved in 3 to 5 sessions. If both parties agree, longer blocks of time can be designated for the sessions. At times, the parties involved would like to achieve whatever agreements they can in one session, which requires the designation of an adequate amount of time. Separate Meetings When Needed: Separate meetings with the parties are called caucases. These are sometimes conducted during the course of the mediation to help facilitate agreement. It is always best, however, if the parties are able to directly communicate during the process. Mediator Is Not A Judge: Remember the mediator cannot make decisions for the parties. The role of the mediator is to help the parties reach an agreement of their own volition. Skilled mediators can help parties move past points of apparent impasse so that the negotiation process can continue towards resolution. The Purpose And Focus Objectives: The mediator helps the parties maintain focus on the goals of mediation and the substantive issues that need to be address. Any topics that are germane to those goals are considered to be appropriate input into the process. Airing Emotions: Expressing strong emotion is appropriate as long as it is not an attack or designed to intimidate. Purely venting emotion is not the focus or the goal. The Solutions Are In The Hands Of The Parties: The parties do the hard work of speaking for themselves and working out mutually acceptable solutions. It is the mediators role to clear away the impediments to those solutions being reached. Maintaining Control Over The Outcome: The parties have the greatest degree of control over the outcome of their conflict through mediation. If agreements and solutions are not reached at the mediation level then subsequent levels of resolution ( arbitration, litigation, etc.) give the parties less and less control over the outcome.

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