Mediation is a process which assists parties resolve their dispute by listening to understand rather than listening to respond;

        Parties in dispute use the services of a neutral mediator to help them communicate and assist them in negotiating a satisfying solution;

        Mediation can be used when private discussions have broken down or negotiations have reached an impasse and the parties believe that a neutral can help them generate creative solutions to resolve the dispute;

        Mediation focuses on the parties’ “interests” (what the real problem is and what it will take to address it) rather than concentrating on the parties’ “positions” (who is right or wrong);

        Mediation can be used to defuse or redirect the emotions of a conflict and help parties get beyond their anger, hurt, or other negativity in dealing with the problem;

        Mediation is voluntary, and all parties must want to use it for constructive resolution;

        Mediation enables all sides to have open and honest discussions with each other in order to better understand and reach agreement on some or all issues;

        Mediation sessions are private, confidential, and privileged communications;

        As a third party neutral, the mediator does not make decisions or make findings of fact, unless the parties request an evaluative style of mediation;

        If the mediation process does not result in a successful settlement of the dispute, concessions or promises made by either party during negotiations are not binding in future litigation, unless agreed to;

        A mediation agreement is a contract and is legally binding and enforceable;

        Sometimes mediation can result in resolving a portion of the larger dispute;

        By using mediation, neither party gives up any rights available before.

        The mediator usually begins with a joint session with all parties involved. At this meeting the mediator will introduce herself, explain how the mediation process works, and ask all others to express why they are there, answering questions the parties may have;

        After each party has explained their side of the dispute, the mediator may ask specific questions to clarify, define, or expand any unclear issues;

        At the conclusion of the first joint session, the mediator may caucus with each side to discuss the issues in greater detail and to gain a deeper sense of how the parties would like the issue resolved;

        The mediation process may then continue with a series of separate meetings, or the mediator may decide to continue meeting with the parties jointly;

        During these joint or private sessions the mediator will explore with the parties various options for resolving the dispute and develop underlying issues, which may be important to successful resolution;

        The mediator may act in many roles during these discussions, i.e., communicator, translator, agent of reality, etc., but always in a balanced, even, and unbiased manner.

         This person provides a structured and safe process which enables the parties to exchange information, emotion, and positions and mutually consider options which may satisfy all relevant needs;

         Mediators are individuals who are specially trained and experienced in conflict resolution skills and techniques;

         The mediator facilitates open dialogue, helping the parties explore and build on common interests and goals;

         The mediator can help defuse negative emotions of the parties’ and lead them to more productive discussions and solutions to identified interests;

         The mediator will focus the parties to the real problem that requires attention rather than matters of who is right or wrong or who has the stronger legal case, or who has been more aggrieved;

         Mediators encourage parties to continue negotiations and explore creative solutions to their dispute focusing on “needs” rather than “wants”;

         During the mediation, the mediator may meet privately with all sides to discuss more sensitive or personal information one party wishes to keep confidential;

         In private sessions, the mediator might discuss the strengths and weaknesses of that party’s argument and refine what the party needs for satisfactory resolution of the matter;

         A mediator will not discuss private conversations with others, in or out of the mediation;

         Mediation communications are confidential and privileged, and, if the matter is not settled, the mediator cannot be compelled to testify by either party as a witness in litigation;

         The mediator is not a decision maker for the parties in their dispute;

         The mediator does not have the power to force a party to a decision;

         Mediators are neutral, have no relationship with any of the parties, and have no personal stake in the outcome of the conflict.