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5 steps of mediation

The mediation process generally consists of 5 steps for a successful settlement resolution.


Step 1

Simply acknowledging there is a dispute and agreeing to explore solutions to end it.


Step 2

A brief conference call hosted by Steve L. Miller will take place with the parties

(or their representative) to get agreement on:

     a . What the issues of the dispute are

     b.  How much time should be allotted to mediate

     c.  Which date(s) and/or times will work

     d.  How the mediators fees/costs will be arranged (e.g. 50/50)

     e.  Where the mediation will take place

     f.   Briefs to be provided to mediator/parties

     g.  Who will be attending

     h.  Whether a preliminary draft  of a Memorandum of Understanding (MOU) should be

          exchanged prior

     i.   Any disclosures by the mediator pertaining to possible conflicts of interest


Step 3

Execution of Mediation/Confidentiality Agreement


Step 4

The Mediation

     a. Initial Joint Session

        1.  My opening remarks

        2.  Parties/stakeholder's opportunity to present and communicate their position and

             important

             information (subject to time limit)

        3.  Possible short rebuttal


     b. Caucus (parties typically go to separate rooms unless it makes more sense to continue

         to work in a joint session environment)

         1.  During the initial caucus, I will travel and meet with each of the parties privately,

              attempting to learn more about their respective positions, interests, and goals.

         2.  Typically, after the initial caucusing, I will then start to "switch gears" and work to play

              Devil's Advocate, with the goal of having the parties consider certain risks that they

              may not be aware of, and using a form of "Shuttle Diplomacy" with the end goal of 

              finding agreeable common ground.           


Step 5

Closing: If common interest can be reached on issue(s), a settlement agreement is entered into reflecting the dispute resolution achievement.

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Mediation & Dispute Resolution

General Mediation Step-By-Step Approach with Steven L. Miller