The purpose of mediation is to help the parties achieve an agreed resolution of their dispute. To achieve success a mediator must remain objective and conduct the mediation in a manner that builds the trust of each party to believe the mediator is impartial. The mediator is a facilitator of the process to allow the parties themselves to come to an agreed resolution.
I approach each mediation the same general way:
The parties submit a confidential Statement of Position
I thoroughly prepare and understand the essential facts of the dispute (requesting supplementation of the statements where necessary)
The parties are brought together to have a free flowing discussion of their views – facts, feelings, analyses, and demands of the parties are exchanged with the help of the mediator
Often separate meetings are needed with a party and counsel (if there is a caucus with one party, there is a caucus with the other, to insure continued perception of fairness and objectivity)
The goal is to achieve a resolution of the dispute.
I explain to the parties that resolution is up to them – mediation is a voluntary process and in some cases a resolution may not be reached. In some cases the mediation is adjourned for a time and then resumed in an effort to facilitate an agreement. I am happy to hold as many mediation sessions as necessary to reach an agreement.