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MEDIATION
IS A PROCESS. It is a collaborative and balanced way of building consensus
between two or more sides of an issue. Mediation includes face-to-face discussion between the participants with
the mediator present to improve the quality of the communication and to elicit ideas and generate options for resolving the
issues. Mediation can also include private sessions with the mediator and each of the participants aimed at a deeper
exploration of individual perspectives and a focusing of goals toward a satisfying resolution.
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MEDIATION IS A MINDSET. An
open mind, the willingness to be productive, the ability to work hard and the firm belief that it is best for you to have
primary influence on the decisions that shape your life are vital to mediation. Knowing that what you get out of any
situation is what you put into it makes you a ready participant in mediation.
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MEDIATION IS AN ALTERNATIVE.
Although mediation is often required or recommended by the Court,
it is not a judicial proceeding. The mediator is not a judge. No testimony is given and nothing is recorded except
the names of the participants and final outcome. Mediation allows participants to share information informally before
the time and costs of legal discovery accrue. It provides the participants the opportunity to find their own way
forward instead of handing over the decision making power to others.
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MEDIATION IS CONFIDENTIAL.
The confidential nature of a mediation allows participants to
speak freely and openly about their concerns and desires. The particpants decide what gets conveyed to each other directly
or through the mediator. The mediator does not record or report the details of the proceedings, and can not be compelled
to testify about the mediation. This confidentiality allows participants the freedom to explore best means for resolution
without jeopardizing future options.
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