Lawyer Monthly - October 2022

time limits or rules on how the mediation should be conducted. Each mediation can and should be tailored to meet the parties’ needs. The mediator is simply a facilitator, assisting the parties in reaching an agreement or settlement, while remaining independent and impartial throughout the process. The typical mediation process involves five parts: a. Introductory statements, where the mediator presents the features of the mediation, the role of a mediator and the applicable frame; b. Joint or separate discussions with each party involved, depending on the nature of the conflict and the feelings involved; c. Assessing the problem —a crucial stage, as the mediator will be able to get to know each party’s position and expectations, but also wisely set the stage of the process and build the dialogue by keeping it positive and encouraging; d. Brainstorming, which in a practical sense means bringing to the table different ideas, solutions, scenarios or proposals about what a possible agreement would look like. The mediator will continue to arbitrate the process, constantly enabling the parties to consider the others’ positions. e. Writing the final detailed settlement or agreement that will have to be approved and signed by all parties involved. If a settlement cannot be reached, the mediator will assist all parties to decide whether to try again take the case to trial. During this process, are there any particular pitfalls that mediators and clients should be aware of? The most common pitfall of the mediation process lies in its own nature. Being a voluntary process, each party can refuse to negotiate. The whole process can MY LEGAL LIFE 27 Contact Lidia Casselman Legal Consultant/Mediator/Commissioner for Oaths Access Mediation Services LLC (USA) Ard Na Clug, Bellmount, Innishannon, Co. Cork, Ireland 300 Wembly Way, Murrells Inlet, South Carolina, USA Tel: +353 86-847-4598 (Ireland) | +1 843-485-2562 (USA) E:

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