Preparing for Mediation

How to prepare for REDRESSĀ® mediation

To ensure that the party understands and is comfortable with the process, it is suggested that you, as a representative, discuss the items below: 

Explain the mediator's role ›  

Explain the representative’s role ›  

Explain the party’s role ›  

Explain the nature of REDRESS mediation ›  

Review and explain the terms of the Agreement to Mediate ›  

Explore the client’s confidentiality needs and concerns ›  

Procedural matters ›  

Explain the mediator's role  

  • The mediator is neutral. 
  • The mediator gives no legal advice. 
  • The mediator does not determine who is right or wrong. 
  • The mediator supports the parties’ decision-making and supports each party as they consider the other party’s perspective. 
  • The mediator asks questions and encourages good faith sharing of information.

Explain the representative’s role  

  • The representative supports a party in the process.
  • The representative is a resource for advice and reality testing.
  • The representative, if an attorney, provides legal advice.
  • The representative helps their party clarify his or her thinking and clearly express his or her issues.

Explain the party’s role  

  • The parties, with the assistance of their representatives, decide on any “ground rules” for the mediation.
  • Each party participates by talking openly with the other party about the dispute.
  • Each party listens to the other party, and may take notes and ask questions he or she may find useful.
  • Each party can request a break at any time to talk to his or her representative in private.
  • The parties, with the assistance of their representatives, make the final decision about settlement.

Explain the nature of REDRESS mediation  

  • Mediation is not a trial. It is a facilitated discussion. 
  • Mediation is voluntary and the parties make their own decisions. 
  • Mediation is informal. No witnesses attend. Testimony is not taken. Discussion is not limited to legal claims. Parties can explore creative solutions to their differences. 
  • The mediator might meet separately with each party if they agree to do so. This is called a "caucus." 
  • The length of the mediation is unpredictable. On average, REDRESS cases last just under four hours. The length of any case, however, depends on the particular circumstances. 
  • The parties themselves decide what they want to get out of a mediation session. They may be seeking a monetary settlement, an apology, or an adjustment of some factor that has been bothering them. Sometimes they don’t know what they are seeking ahead of time, but they figure this out in the mediation. 
  • The client and representative may end mediation at any time.

Review and explain the terms of the Agreement to Mediate  

Explore the client’s confidentiality needs and concerns  

  • Explain the legal limits of confidentiality protections.

Procedural matters  

  • Review the date, time, and place of the mediation. 
  • Discuss whether it would be helpful to submit any information to the mediator and/or other party.
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