bower(process) – Mediation

The protocols of mediation are relatively straightforward:

1. Mediation is an alternative dispute resolution process – a first-line legal process, specifically designed to resolve matters between parties in dispute, before that dispute, and they, escalate.
2. The mediators task is to facilitate – they are not the problem solver in this dispute resolution process – this is the clients task. The mediators primary task is to ensure that the facilitation process does not obstruct a reasonable resolution to the matters of dispute between the parties.
3. To that end, the mediator has no powers of judgement in the matter,  notwithstanding the fact that the mediator has a legal obligation to ensure that ant children are protected – to your credit both of you have addressed this question with and for the mediator.
4. Mediation requires the full disclosure of all relevant matters, for the dialogue and dispute resolution process to proceed in good faith. The  failure of either party to fully disclose all relevant matters is a clear indication that the assumption of good faith is misplaced. To that end the mediator needs each of the parties to agree to the full disclosure of all relevant matters. Unless the mediator hears otherwise, the mediator will assume that it is reasonable for all of the parties, including the mediator, to make the assumption of full disclosure. The mediator will check that assumption with each of the parties prior to proceeding with the mediation process.
5.  Mediation is a fully  private and confidential process – to that end the parties are obliged to protect each other’s privacy, which means that the content of the mediation cannot be spoken about to any third party.
6.  The mediators notes should remain their notes and are not to be distributed to any other party, and possibly, by agreement, be destroyed after a certain period of time. Simply, the mediators notes remain privileged, and cannot be used in any other legal process.
7. The only aspects of a mediation that can be published and broadcast are the fact of the mediation, the parties to the mediation, the subject matter of the mediation, and the outcome of the mediation. No part of the actual dialogue over the matters of dispute, or any other matter,  can be taken from the mediation session and used elsewhere. That is one of the inviolate rules of mediation.
8. Mediation aims to produce a durable and accountable agreement between the parties.
9. To this extent, the role of third parties in relationship to this dispute, and any agreement that is reached  between the parties, becomes quite critical