TEN STEPS TO SUCCESSFUL MEDIATION by Joan G. Geiger

1) Each party is genuinely and sincerely interested in resolving all outstanding issues and acts in good faith to do so.

2) Each party is willing to compromise.

3) Each party avoids verbally attacking the other, making comments that are likely to be hurtful to the other, insulting the other, and/or fighting in any way, especially during mediation sessions.

4) Each party listens when the other party or the mediator is speaking and avoids interrupting

5) Each party makes complete and honest disclosure of all information that is relevant to any and all issues to be resolved or discussed. In other words, each party discloses all information he/she would want to know if the tables were turned.

6) Each party avoids canceling mediation sessions, (especially at the last minute), is on time for all sessions and completes all tasks agreed to in the previous session in a timely fashion.

7) Each party has full and complete authority to negotiate and is either receiving independent legal advice or has voluntarily chosen to proceed without legal advice.

8) Each party recognizes mediation has a greater chance of success if the parties avoid engaging in active litigation at the same time. Litigation can hinder the mediation process. Therefore, each party avoids filing complaints, motions, or taking other legal action unless otherwise agreed to in mediation or unless absolutely necessary such as in the event of violence.

9) Each party is committed to moving forward and getting on with life. Mediation is future oriented. Each party and the mediator look to the future and avoid dwelling on the past. Blaming the other party or finger pointing impedes the process. Both parties endeavor to look at each parties individual needs and the entire needs of the community, prospectively.

10) Each party is open to new and creative ways to solve problems and move into the future and beyond the current disagreement.

 

By Joan G. Geiger, Mediator
Modified from "Ground Rules & Objectives" by
Robert Levenstein, attorney/mediator and
Steven B. Menack, attorney/mediator

Joan G. Geiger is an accredited member of the New Jersey Association of Professional Mediators and has been mediating for approximately 12 years. After practicing family law for 17 years, she followed her calling to become a full time mediator and co-founder of WIN*WIN MEDIATION, L.L.C., with locations in Somerset and Hunterdon counties, New Jersey.


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