Monday, March 24, 2008

March 24 2008

Phases of a Mediation

Mediation Conference

The following are the phases of a Real Estate Mediation.

1. Mediator's opening statement and questions. A review of the process, rules,
goals, the confidentiality and neutrality.
2. Parties initial statements or questions.
3. What are the issues?
4. Creation of an agenda.
5. Communication, feelings, thoughts and venting.
6. The Caucus (Private Meeting) with the parties to clarify needs, options and solutions.
7. Building an agreement. What may be workable.
8. Conclusion An agreement is reached & signed before leaving mediation or an agreement that
no further progress can be made.
The next step can lead to arbitration or litigation.
The mediation conference success is up to the parties and the williness to listen and the williness to work towards resolution.
The time process can be as short as an hour, a half day or longer.
My experience is that 2-4 hours is normal.
Of my past mediations, setttlement did occur and the dispute were successfull resolved.
Jim W Hildreth- Mediator
Mediating Real Estate Disputes

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