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| Home Page | About N G Trainor & Associates | Description of the mediation process |
Examples of mediation rules | Construction process terms |
E-mail NG Trainor |
| Construction mediation calls for the mediator to assist the participants in a process. Since mediation is an informal process, the following is flexible and is meant more to acquaint those who have not previously been involved in one. | OVERVIEW
OF THE MEDIATION PROCESS |
| 1 | Following introductions, the
mediator begins by making an opening statement outlining the objectives of
the session and the rules of mediation. Questions will be solicited on
either the process or the rules of mediation.
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| 2 | The mediator will then ask each
party to make their own opening statement explaining the issues along with
their current respective positions. Not only a courtesy but also a
mediation rule is that each side be allowed to speak without any
interruptions.
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| 3 | At the conclusion of the parties'
opening statements, the mediator will ask if there are any others present
that may wish to clarify or add to anything that has been said. At this point the mediator will encourage open discussion with the goal of agreeing on the list of issues to be addressed during the course of the mediation. |
| 4 | The mediator will then decide
whether to talk individually with each party in a private session, also
called a caucus. The mediator may decide that several of these private
sessions are necessary.
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| 5 | The parties may or may not return
to a joint session. Either the mediator or the parties can decide on
returning to a joint session. The goal of this return would be to jointly
negotiate any remaining differences.
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| 6 | If complete or partial agreement
has been reached, the points will be summarized in writing and signed by
each party. Depending on the rules governing the mediation, each party's
attorney may be required to sign the agreement.
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| 7 | If agreement is not reached, the
mediator will outline additional steps available to resolve any remaining
differences. These options may be additional mediation, arbitration or
court. The parties may agree to sign a summary outlining additional steps
of dispute resolution before going to court.
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| HOME | About NGT | Mediation Rules | Construction Terms |  |
N. G. Trainor & Associates
1440 Coral Ridge Drive # 337
Coral Springs FL 33071-5433
tel. 954-753-4584
fax. 954-753-4603
email: norman@ngtrainor.com