What Should You Look For In:

A mediator?

A spouse?

A lawyer?

A doctor?

An accountant?

A place of worship?

A school?

A neighborhood?

It all depends most of all on

what is important

to you..

Ronald W. Brown, Esq. 1

A Personal View and Some Practical Advice: Eight Things You Should Look For In

Selecting A Mediator. Someone:

1. Who is an experienced facilitator.

2. With whom you are comfortable and that you feel will maintain the trust and confidentiality of the mediation process.

3. Who listens well.

Ronald W. Brown, Esq. 2

A Personal View and Some Practical Advice: Eight Things You Should Look For

In Selecting A Mediator. Someone:

4. Who has

demonstrable

strengths that are

the “right fit” for

resolution of your

dispute.

5. Who is intelligent.

6. Who is insightful.Ronald W. Brown, Esq. 3

A Personal View and Some Practical Advice: Five Things A Mediator Needs A Party To Be Able to Do

4. Be honest, open, not interrupt the other party.

5. Send someone to the mediation who has the authority to reach a settlement or who is able to reach someone by phone who has that authority.

Ronald W. Brown, Esq. 4

Ronald W. Brown, Esq. 5

Mediation: How Long and How Much?

How long depends on many factors including the type of mediation, and positions of the parties. The time can range from hours, to days, or longer.

Costs can range from an hourly rate to a flat fee per day.

Ronald W. Brown, Esq. 6

An Example: The Mediation Process In Ten Steps

1. The parties agree to mediate.

2. A mediator, time, place, and location are selected.

3. The parties meet and the mediator explains the process (including confidentiality; nothing in mediation can be used outside mediation, etc.) and insures the parties understand that process and agree to it. The process may include separate caucusing with each party.

Ronald W. Brown, Esq. 7

An Example: The Mediation Process In Ten Steps

4. Party “A” makes an opening statement about the issues as Party “A” sees them, the position of Party “A” on those issues, and solutions Party “A” would accept.

5. Party “B” makes an opening statement about the issues as Party “B” sees them, the position of Party “B” on those issues, and solutions Party “B” would accept.

Ronald W. Brown, Esq. 8

An Example: The Mediation Process In Ten Steps

6. Using neutral language, the mediator attempts to summarize the statements of the parties.

7. The mediator next attempts to prepare a topic agenda of issues so that the parties can try to start talking about issues and options. The mediator reminds the parties to try to focus on interests and options, both “within” and “outside” the box of the parties positions.

Ronald W. Brown, Esq. 9

An Example: The Mediation Process In Ten Steps

8. As explained by the mediator in step #3 above, the mediator may ask the parties to go to separate rooms where the mediator will meet with one party and then go to the other room to meet with the other party. In caucus a party may discuss with the mediator something the party is not prepared to discuss in the joint meeting and may authorize the mediator to air a proposal to the other party on behalf of the authorizing party. The mediator may also suggest solutions in caucus.

Ronald W. Brown, Esq. 10

An Example: The Mediation Process In Ten Steps

9. Options are explored and solutions are offered, either in the separate caucus or in session where both parties and the mediator are in the same room.

10. If the parties agree on a solution, that solution is memorialized in a writing signed by the parties.