TLDR;
This video provides an overview of the mediation process. It begins with introductions and setting ground rules, then moves through statements, issue identification, exploratory negotiation, private sessions, option consideration, and finally, agreement. The mediator emphasizes impartiality, confidentiality, and the importance of understanding each other's perspectives. The parties discuss their ability to make final decisions, the possibility of consulting with partners and lawyers, and the structure of any potential agreement.
- Introductions and Ground Rules
- Statements and Issue Identification
- Exploratory Negotiation and Private Sessions
- Option Consideration and Agreement
Introductions and Process Overview [0:08]
The mediator begins by establishing preferred forms of address and reiterating the steps of the mediation process, which includes introductions, statements, agenda setting, exploratory negotiation, private sessions, option consideration, and agreement. The mediator has already spoken to both parties about the mediation process and received relevant information, including the partnership agreement. The goal is to reach a mutually agreeable outcome after a thorough process.
Time and Role Clarification [4:16]
The mediator confirms that both parties have allocated three hours for the session, while acknowledging one party's eagerness to expedite the process. The mediator explains their role as an impartial facilitator without any prior connection to the partnership. The mediator also addresses confidentiality, assuring that discussions are privileged and notes will be destroyed post-mediation.
Confidentiality and Consultation [5:55]
The discussion covers the confidentiality and privilege of the mediation, with the mediator clarifying that while conversations are protected, absolute guarantees cannot be made. One party raises the issue of consulting with their spouse, who is involved in the business, and the other party mentions consulting with their spouse and lawyer. The mediator acknowledges this and notes that the mediation may be adjourned to allow for such consultations.
Decision-Making Authority and Ground Rules [8:44]
The mediator addresses the parties' ability to make final decisions, acknowledging their need to consult with partners and lawyers. The possibility of adjourning the mediation for legal review of any agreement is also discussed. Ground rules are established, emphasizing turn-taking and respectful listening. Private sessions are offered for sensitive issues, and parties are encouraged to jot down notes.
Agreement and Process Control [10:40]
The mediator explains that any agreement reached can be formalized in various ways, from a simple written agreement to a legally binding contract or deed. The mediator confirms that both parties understand the process and expresses gratitude for the provided documents. The final ground rule is that the mediator is in charge of the process, while the parties control the content. The mediator expects adherence to directions regarding breaks and listening to each other.
