AT THE MEDIATION
1. Confidentiality. A Confidentiality Agreement must be signed by all parties at the start of the mediation session.
   2. Private Meetings. Before commencing the formal mediation session, private meetings take place with all parties to discuss the process and procedures in general, as well as any sensitive information or special concerns which the parties want the Mediator to know about in confidence.
    3. Joint Session. Generally, the mediation will begin with a joint session attended by all participants. Parties summarize their positions during the joint session utilizing whatever presentation is most effective, including charts, audio-visual, and oral presentations by counsel and principals. Bear in mind that the goal is not to prove a case, but to clarify your views for decision makers among the other parties while educating the Mediator.
   4. Private Caucus Sessions. The joint session is followed by private confidential caucuses between the Mediator and each party. In caucus, you can discuss information which may assist in working toward a resolution, but which you would prefer not to disclose in direct negotiations. The Mediator will help all parties gain the most balanced possible evaluation of the matter. The caucuses provide an opportunity to assess realistic options for resolution, without endangering any party’s negotiating posture.
  5. Agreement. Caucusing will generally continue until an option has been developed which all sides feel is acceptable. At that point, the Mediator will summarize the terms of the settlement agreement. Parties may then wish to draft and execute a memorandum stating the terms.

FOLLOW-UP
If a resolution is not reached in the initial mediation session, the parties may elect to authorize a follow-up. This can consist of telephone caucusing, email, further investigation or information exchange among the parties, and/or an additional mediation session. Mediation Procedures
(continued) Hugh Breckenridge
Mediation Services
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