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How Does Mediation Work
Mediation provides a confidential and safe environment for the parties to air their issues and concerns and to hear the issues and concerns of the other party. The content of the mediation is confidential to the parties and the Mediator and can only shared with a third party with the express permission of all parties, or where required by law.
The parties and the Mediator agree to the terms of the mediation at the outset. The format of the mediation process may vary depending on the Mediator and the type of dispute. Sometimes there are pre-mediation meetings the Mediator and each of the principal parties. These can be very helpful in assisting each party prepare for the mediation (joint-session). Depending on the model of mediation, the parties may spend most of the joint-session in the same room or may only spend a short period of time in the same room with the Mediator acting as the go-between.
Whatever the model of engagement, any agreement from the mediation must be mutually acceptable to all parties and is binding unless otherwise agreed by the parties.