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Early Settlement Mediation - East Central Program

Funded by the Administrative Office of the Courts - In Partnership with East Central University

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Policy Changes Nov. 2011

Mediation Preparation Guide

for Small Claims, Civil, Real Estate, etc.

 

 The Mediator’s Role is:

 

 ·         To help you define the issues, explore solutions and reach mutually satisfactory agreements in              a safe, non-adversarial environment.

 

Be Prepared for Mediation:

 

 ·         Schedule adequate time for the mediation.  Most mediations last between 1 to 3 hours, depending         on the number and complexity of issues to discuss.

 

·           Schedule care of minor children in advance since they are not allowed in mediation.

 

 ·         The number of participants attending mediation will be kept to a minimum.  Generally only                   the parties and the mediator attend the mediation.  Any person wishing to attend the                      mediation, other than those named in the case, MUST be agreed upon PRIOR TO the mediation. 

 

 ·         Bring documentation or related paperwork with you to the mediation.

 

 ·         Since mediation is a confidential process, no record from the mediation will be kept except                  for the agreement.  Any notes take during the mediation session will be collected by the mediator       and will be destroyed.

 

 ·         Audio or video recording of the mediation is not allowed.

 

 ·         The mediation agreement may become a part of the court file if the case has been referred or  o     O    ordered to mediation by a judge.

 

 ·         Parties or the mediator can discontinue the mediation session at any time or in the event that it i      is determined that no agreement is forthcoming.

 

 ·         Consider possible solutions to each issue prior to the mediation.

 

 ·        Come willing to make a good faith effort.  In 2010 over 80% of mediations held

      by Early Settlement – East Central ended in agreement.