Role of the Parties

Before mediation

  • think about the key issues as you see them, and as the other party may see them;
  • consider your interests (concerns, hopes, fears, desires, expectations, etc.) and needs, and what may be the other party’s interests and needs;
  • identify possible solutions that might satisfy your interests and the interests of the other party;
  • ensure that you have the necessary authority to settle;
  • prepare opening remarks explaining your perspective on the issues and your general objectives for mediation;
  • consider your alternatives should mediation not result in an agreement;
  • try to understand the other party’s perspective on the issue.

During mediation

  • review and sign the Agreement to Mediate;
  • ensure that you have the necessary authority to settle;
  • participate in good faith;
  • communicate in an open and honest manner;
  • adhere to the agreed upon ground rules;
  • contribute actively towards generating options;
  • if in doubt, ask questions;
  • be responsible for the resolution of the dispute;
  • when there is a settlement, help your representative draft the Terms of Settlement, and sign the Terms of Settlement.

After the mediation

  • comply fully with the terms of the agreement.