Mediation Information, is an official form from the Alaska Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alaska statutes and law.
Mediation Information, is an official form from the Alaska Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alaska statutes and law.
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There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.
Rule 1: The decision makers must participate. Rule 2: The important documents must be physically present. Rule 3: Be right, but only to a point. Rule 4: Build a deal. Rule 5: Treat the other party with respect. Rule 6: Be persuasive. Rule 7: Focus on interests. Rule 8: Be a problem solver for interests.
Do I feel comfortable with this mediator? Do I feel like this mediator has integrity? Do I feel like this mediator will be fair and balanced and maintain integrity in the process?
Planning. Mediator's introduction. Opening remarks. Joint discussion. Caucuses. Negotiation. What do you think is most valuable to the mediation process?
Decide When to Mediate. Learn About Your Mediator. Analyze Your Case Early and Often. Prepare an Effective and Persuasive Mediation Statement. Consider a Conference Call with the Mediator before the Mediation. Decide Who Will Attend and Who Will Speak at the Mediation. Master Mediation Etiquette.
A disadvantage to mediation is that the parties may not be able to come together on an agreement and will end up in court anyway. Arbitration is a more formal process for resolving disputes. Arbitration often follows formal rules of procedure and the arbitrator may have legal training that a mediator does not.
Exercise Due Diligence in Selecting the Mediator. Identify and Involve Client Representatives. Determine Whether Information Exchanges Are Necessary. Prepare Arguments Supporting Legal Positions and Settlement Positions. Prepare a Confidential Written Statement to the Mediator in Advance of the Mediation Session.
The mediator has to be aware of the our and conflicts individuality although we are all human. Most commonly we speak of two types of questions: open and closed questions. They are also called open-ended and close-ended.