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<blockquote data-quote="forensicbuzz" data-source="post: 1008816" data-attributes="member: 198"><p>Just to lay out how mediation works...</p><p></p><p>1 There is a mediator. This is usually a retired judge or a seasoned attorney who acts as an intermediary of the involved parties. Confidential briefs and other information are provided to the mediator in advance so they can prepare.</p><p></p><p>2 The parties to the suit are in separate spaces, generally in the same physical location so the mediator can go back and forth to each group. But they are not together, except for a kick-off meeting.</p><p></p><p>3 They have an opening meeting where the mediator lays out the procedure and how everything is going to work.</p><p></p><p>4 The mediator meets with one of the groups first where their demands and expectations are laid out.</p><p></p><p>5 The mediator then goes into the other space and meets with the second group. He'll listen to their argument and provide a description of the other party's demands. </p><p></p><p>6 If, in the opinion of the mediator, there can be no resolution, the mediation can end there.</p><p></p><p>7 However, the role of the mediator is to point out the strengths of the opposition's case and the weaknesses in your case (to each party) in an effort to drive the parties towards each other. This is usually done with candidness and frankness. </p><p></p><p>8 In order for there to be movement, someone with decision-making authority has to be involved in the mediation. Without that, it's a fruitless effort. If the ACC does not have proxy authority of each school or a representative from each school, then the mediation will be very short.</p><p></p><p>Not all mediations follow this exact structure, but this is generally how it works. I've been involved in hundreds of mediations as a technical expert throughout my career,</p></blockquote><p></p>
[QUOTE="forensicbuzz, post: 1008816, member: 198"] Just to lay out how mediation works... 1 There is a mediator. This is usually a retired judge or a seasoned attorney who acts as an intermediary of the involved parties. Confidential briefs and other information are provided to the mediator in advance so they can prepare. 2 The parties to the suit are in separate spaces, generally in the same physical location so the mediator can go back and forth to each group. But they are not together, except for a kick-off meeting. 3 They have an opening meeting where the mediator lays out the procedure and how everything is going to work. 4 The mediator meets with one of the groups first where their demands and expectations are laid out. 5 The mediator then goes into the other space and meets with the second group. He'll listen to their argument and provide a description of the other party's demands. 6 If, in the opinion of the mediator, there can be no resolution, the mediation can end there. 7 However, the role of the mediator is to point out the strengths of the opposition's case and the weaknesses in your case (to each party) in an effort to drive the parties towards each other. This is usually done with candidness and frankness. 8 In order for there to be movement, someone with decision-making authority has to be involved in the mediation. Without that, it's a fruitless effort. If the ACC does not have proxy authority of each school or a representative from each school, then the mediation will be very short. Not all mediations follow this exact structure, but this is generally how it works. I've been involved in hundreds of mediations as a technical expert throughout my career, [/QUOTE]
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