The Basics Of Mediation Day

Once all parties in a dispute have agreed to mediation and chosen mediators, a date is scheduled
to begin the process.  Because mediation is an informal process, it is likely to occur at a
neutral site, which is often the mediator's office.  A neutral location is helpful because no
party involved will have immediate access to documents or staff, which tends to help each party
feel more comfortable about the fairness of the proceeding.

There is no limit to the number of people who can attend a mediation proceeding.  Each party is
allowed to bring a companion, or anyone they deem important, but the fewer people in attendance,
the smoother things will go.  All parties present must agree to complete confidentiality about the
process.  One person on each side of the dispute must have complete authority to represent and
settle the issue.  This representative should be the person with the most thorough knowledge of
the fact of the case.

The proceeding usually begins with all parties in one large room.  The mediator will make an
opening speech on the rules and procedures that should be followed throughout the day.  At this
point, each party is given the opportunity to make an opening statement on their view and position
on the dispute at hand.  Each will also make a statement on what they hope to achieve through the
mediation process.

After position statements are given, the parties are often moved into separate rooms, but this
depends on the state of things between the parties.  If they are able to understand the other
party's perspective and needs, and the exchange of views is peaceful, it may be helpful to let the
parties continue engaging.  But if the dialogue becomes tense or a standstill has been reached,
the parties with move to different rooms and begin negotiations privately.

The mediator chooses which party to talk to first, often choosing the party most likely to present
an opening offer.  The mediator will go back and forth throughout the day negotiating terms, often
pointing out strengths and weaknesses in case, and helping the parties to decrease expectations
and cooperate.  In nearly every case, the final settlement is somewhere in between the two initial
offers.

If the mediator is successful both parties give up some of their demands.  But each walks out
thankful and relieved that the matter is concluded, and that they each had a hand in crafting a
fair resolution that is of benefit to each of them.
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Herbert M.  Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and
Appellate Practice in Marin County and San Rafael, California.  He has served as a mediator and
arbitrator in over 500 cases and is a member of the Association of Attorney Mediators.  If you are
considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit
http://www.hmrmediation.com

Posted by J. Randall Frier http://jrandallfrier.com/