What are the obligations of the parties and the role of the mediator in mediation?

Cindy Best

The Parties’ Obligations:

  • Desire to compromise and find a resolution
  • Act in good faith
  • Listen calmly to the other party, even if you disagree with their statements
  • Stay professional and considerate of the other parties’ statements
  • Conduct good communication with the other party and the mediator
  • Have an active role in the decision-making process
  • Full disclosure of all debts and assets and information required in Rule 49

The Mediator’s Role:

  • Identifies the issues with the help of the parties
  • Outlines and discusses the possible solutions for each issue
  • Shares experiences as a practicing family law litigation attorney
  • Recognizes each parties’ needs, fears, and desires for the outcome
  • Encourages a spirit of cooperation
  • Keeps the focus on the parties’ future, rather than their past
  • Accepts the parties as they are and refuses to judge or control the parties
  • Allows the parties to take their time and not be coerced
  • Remains neutral
  • Helps the parties in a professional, encouraging, courteous manner
  • Emphasizes that the mediator does not represent either party nor give legal advice

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