A. The mediator conducts a caucus or private session with
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A. The mediator conducts a caucus or private session with



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Identify interests and issues, setting the agenda for

Consideration of the issues, and soliciting resolution options;

B. These sessions can be very important times to learn the interests

Of the parties;

C. Parties feel at ease and more willing to share information in the

Private caucus sessions;

D. The mediator should emphasize the confidentiality of the process

And ask permission to disclose information revealed to

him/her;

E. The mediator should explain to the parties and their counsels that

it is possible that he/she may spend more time with one of

The parties or another but that does not mean the mediator

favors that particular side – only that more time may be

Copyright 2008 Mina Akins Brees page 12

Needed for the discussion. This is not an indication of

Partiality.

Option Generation

A. This is one of the most important parts of the mediation process

Because the mediator explores with each of the parties and

Their representatives various options for the resolution of the

Issues in dispute. The mediator should keep a written record of the options discussed;

B. The mediator should work through each issue in dispute in

An attempt to resolve the dispute;

C. The mediator should encourage the parties to think outside the box

And creatively;

D. The mediator must keep in mind that the parties make the

Agreement and resolve the issues not the mediator.

Reality testing (this is an optional stage in the process)

A. Once the mediator has gathered the resolution options, the

Mediator with the assistance of the parties and the

parties’ representatives should test whether the options

Discussed are feasible and whether or not the options can

Actually be executed once the mediation is completed.

b. The mediator should ask the parties the question: Can the parties

honor the terms of the agreement?

Bargaining and Negotiation

A. When the various options for resolutions are on the table, the

Mediator must assist the parties and their representatives

Through the bargaining and negotiation process to determine

Which of the resolution options can be agreed upon by the

Parties. This part of the process requires give and take and

Most likely each side will have to give up something in order

To receive the benefit of something else.

B. Many times the parties are negotiating monetary amounts so

The mediator may shuttle back and forth between the caucus

Rooms carrying information and offers from room to room

Copyright 2008 Mina Akins Brees page 13

As the parties work to settle on compensation that is acceptable to all.

Agreement

A. If the parties reach a resolution of all or part of the issues in

Dispute then it is the responsibility of the mediator to prepare

A formal, written agreement which the parties approve and

Sign while they are at the mediation process. The general

Rule is that the parties should not be allowed to leave the

Process until they approve and sign the agreement in a

Written document. All parties and party representatives

Should leave the mediation with a copy of the written and



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