It's good to see the two of you here. I'm (Mediator's Name) and this is (Mediator's
Name). We will be serving as your Mediators. You may call us by our first names; how
would you like us to address you?
The purpose of our meeting is to help you work out an understanding acceptable to
both of you to resolve the situation that has been developing for you.
First, we would like to explain how we will proceed, so you know what is happening
next. We will begin by asking each of you to explain to us as Mediators exactly how you
view things. We will do our best to understand exactly how it looks from your shoes.
After that, we will identify and agree on what the basic issues of disagreement are. Then
we will work together with you in examining exactly what you want of each other and
what some possible solutions might be. Our goal is to help you find a solution that both
of you feel comfortable with.
We would like you to understand what our role is here. Our goal is to help You
figure out Your own solution to Your problems. You are the ones who will be living with
your solution from here on, so we want you to be the ones who decide what the solution
will be. We won't be telling you what to do or trying to judge who is right or wrong. We
are much more interested in helping you to think about solutions for the future than in
trying to judge what happened in the past. Mainly we are interested in helping to talk
about a solution that both of you can live with. We want to assure you that anything that
you may say during our session is confidential. We will be taking notes from time to time
so that we can remember things, but when we finish, we will destroy our notes.
Either of you may ask to take a break at anytime during our discussion. For
example, if you feel yourself getting really upset at any time and feel that you really need
to take a break to simmer down a little, let us know, and we will take a little time out. You
can step outside for a few minutes if you wish, but we will ask you to let us know what is
happening and then to return when you are ready to continue. Sometimes it is helpful for
us as Mediators to meet separately with each of you during our discussion, so we may
be doing that occasionally as well.
It is necessary for this process for each of you to sign this written agreement to
mediate. If you would just look it over, please. It basically says that you have come of
your own accord, that what you say here will be kept confidential, and that the Mediators
will not be asked to release information discussed here, nor will they be summoned into
court to testify on matters disclosed here.
Last of all, we would like to discuss ground rules a bit.
We ask each of you to agree not to interrupt when the other person is speaking. We
have placed paper and pencil here on the table so that you can keep notes about any
responses to make. We also would like for you to agree to avoid the use of any abusive
language, name calling, etc. These rules are especially important in the next part of our
discussion here. (Address each Party by name and ask) (Name), can you agree. . .
Moving into the "The Story-Telling Stage'':
We'd like to begin now with hearing each of you explain your perspective on this
situation. is it all right with you if we begin with (Name of Complainant), since he/she
initiated the mediation? We will hear from you (Name of Responding Party) when he/she
is finished. In case there are things you disagree with as (Name of Complainant) speaks,
make note of them and explain your perspective on them when it is your turn. (Name of
Complainant), you can go ahead and begin.
To help you, I will stress three things:
One, your voluntary participation. The mediation process exists for you benefit,
which is why it can be voluntary. I will be helping you make your own choices in your
own self-interest by examining you essential needs and positions.
Two, I will emphasize fairness. This meant that I will treat each side equally and act
only inside the limits you authorize.
Three, confidentiality. The settlement conference is off-limits, just as stated in the
mediation agreement you signed. That is a contract. Even more, chat we talk about in
private remains private unless you say otherwise.
It's good to see the two of you here. I'm (Mediator's Name) and this is (Mediator's
Name). We will be serving as your Mediators. You may call us by our first names; how
would you like us to address you?
The purpose of our meeting is to help you work out an understanding acceptable to
both of you to resolve the situation that has been developing for you.
First, we would like to explain how we will proceed, so you know what is happening
next. We will begin by asking each of you to explain to us as Mediators exactly how you
view things. We will do our best to understand exactly how it looks from your shoes.
After that, we will identify and agree on what the basic issues of disagreement are. Then
we will work together with you in examining exactly what you want of each other and
what some possible solutions might be. Our goal is to help you find a solution that both
of you feel comfortable with.
We would like you to understand what our role is here. Our goal is to help You
figure out Your own solution to Your problems. You are the ones who will be living with
your solution from here on, so we want you to be the ones who decide what the solution
will be. We won't be telling you what to do or trying to judge who is right or wrong.
We will be taking notes from time to time so that we can remember things, but when we
finish, we will destroy our notes.
my job here today is to facilitate communication and make sure that the
parties are really listening and understanding each other I'm not a judge I'm not an arbiter so I
will not be evaluating the legal merits of your case or telling you what the right solution is
and that's because as a mediator I really value party autonomy and I think it should be your
own voluntary choice to enter into any kind of a settlement another thing that I really value as
a mediator is confidentiality so I can assure you that anything that you share during these
joint sessions or the private sessions will remain completely confidential it will not be
disclosed to anyone in the outside world.
Introduce
“What will happen is that each of you will have a chance to tell me what brought you here today and the issues
that are important to you. Once we’ve identi- fied issues that need to be worked out, we’ll set an agenda of the
items that the two of you need to negotiate. I will then help you through the negotiation process and document
any agreements you may make.” An explanation of how the mediation will unfold manages the disputants’
expectations and reduces anxiety about time spent initially on one person’s story—the other party knows that
each person will have a chance to speak.
“What will happen is that each of you will have a chance to tell me what brought you here today and the issues
that are important to you. Once we’ve identi- fied issues that need to be worked out, we’ll set an agenda of the
items that the two of you need to negotiate. I will then help you through the negotiation process and document
any agreements you may make.” An explanation of how the mediation will unfold manages the disputants’
expectations and reduces anxiety about time spent initially on one person’s story—the other party knows that
each person will have a chance to speak.
This is called a “caucus,” or individual meeting. I will use the caucus to help clarify some
concerns I may have as we talk, and to be of more assistance in helping you resolve your
dispute. Either one of you may call a caucus as well if you feel you would like to share
something in confidence, remember you both control the outcome of the mediation.
Thank you mediator for wonderfully summarizing the flow.
First of all I would like to congratulate the parties for choosing mediation as a process and
today
i would like you to understand that Our goal is to help You figure out Your own solution to
Your problems. we are a neutral party and We won't be telling you what to do or trying to
judge who is right or wrong
We will be taking notes from time to time so that we can remember things, but when we
finish, we will destroy our notes.
our job here today is to facilitate communication and make sure that the
parties are really listening and understanding each other I'm not a judge I'm not an arbiter so I
will not be evaluating the legal merits of your case or telling you what the right solution is
and that's because as a mediators we really value party autonomy and we think it should be
your own voluntary choice to enter into any kind of a settlement. another thing that we really
value as mediators is confidentiality so I can assure you that anything that you share during
these joint sessions or the private sessions will remain completely confidential it will not be
disclosed to anyone in the outside world. This session is going to be informal and flexible and
nothing said here can be used against you in the future inside or outside this room. Also
please note if this disagreement is taken to the court in the future, we as mediators cannot be
called as witnesses.
Hoping we all here are in good faith and considering this session is time bound I would like
to ask whether both the parties here have to authority to come to a conclusion and agree to a
negotiation that you would potentially come up with in this session?
All I ask is that you sincerely agree to attempt to resolve this dispute, agree to treat one
another with mutual respect, not to interrupt when someone is speaking and agree to give
consideration to all suggestions made in regard to developing a realistic solution to the
problem. Parties can request a caucus at any appropriate time; We will also avoid the use of
mobile phones. And remember we have no agreement until we agree on everything.
Are there any questions at this point?
If not, let’s begin with ScarJo and her counsel’s opening statements as they have requested
for the mediation if that is alright with everyone.
I know very little about the dispute so please tell us what brings you to mediation.
So just to summarize the issues and check if we all are on the same page…..
Caucus
I’m sorry to interrupt but I feel this is a good time to call a caucus and discuss some ideas
here and there privately
I would like to mention this once again that this is a private session and anything said here
will remain confidential unless you would like us to disclose it to the other party.
If my co- mediator doesnt have anything to add I would like to get the ball rolling for client
and counsel of party A.
Just to summarize so that we are on the same page….
We will be having a private session with the other party soon, so will you be okay with us
sharing the information that you just provided to the other party or will you like to keep it
confidential?
Alright you may now wait in the waiting room for sometime. thankyou
so without any further ado I would now welcome you to maybe make your opening Statements we usually
have the requesting party go first so if one do would like to begin
