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Once the mediation date, time, place, and mediator(s) have been decided upon, as well as an agreed procedure and/or rules, the following should assist individuals in completing the process:

  • People should double check to make sure that confidentiality provisions have been included in their mediation agreement.
  • They should make sure that, prior to the mediation, the subject of allocating the costs of mediation has been resolved.
  • If the type of mediation allows the appearance of witnesses, individuals should double check to make sure everyone knows when and where to be.
  • They should ensure that the person who has authority to settle the matter will be present at the mediation hearing (if different from the actual parties, such as a representative from an insurance company).
  • They should make sure that their mediation summary contains a concise statement of issues and positions.
  • Try to identify both weaknesses and strengths of opposing positions. They should build on one; diminish the other.
  • They should know in advance the least favorable offer they are willing to accept, and be prepared to consider even less than that if surprise testimony or disclosure of previously unknown facts alters their present position.

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