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Before Mediation day, I as your Mediator should have already heard a little bit about you from you, your attorney, or both. On the day of Mediation, I will introduce myself and provide you with some information, expectations, and ground rules before we begin.
After my introduction and we begin the mediation, then it is time for your voice to be heard. This is where I get to know you even more and you get to tell your side of the story. In court, you may not have this opportunity. Remember, what is said in mediation, stays in mediation.
Next, you get to tell your side of the story. Together, we will identify the important issues to you. This is where you let me know what you want to accomplish through mediation.
After we identify all the important issues, we will then prioritize all of them from greatest to least or least to greatest. Which ever you are more comfortable with addressing first.
Now comes the negotiation process. Some decisions will be easy, others will be difficult. Remember your attorney is there to help provide you with the advice you need to make those decisions. This step in the process leads to our next, compromise.
In mediation, you must participate with an open mind and be creative in your solutions to problems. One must understand that you may not walk away with everything you want or how you want. The same can be said for court rulings, except with mediation you are empowered to make the decisions about what you are willing to compromise about.
At the end of the day, when you have reached an agreement, you will know you are finished when you sign your agreement and receive your copy.