ABSTRACT

Mediator control means the ability of the mediator to take charge of the situation and subconsciously, if not actually, gain the respect of the parties. The mediator may refuse to continue to act if the invoices are not paid on time or make payment on account. Additionally the mediator may also refuse to continue to act if there are other circumstances giving the mediator good reason to do so, unforeseen conflicts of interest. Proceeding properly from proper mediation agreements through to scheduling the documentation and guiding the parties in the preparation of information necessary for the mediator's understanding is not only essential for the mediator, but also provides a new framework for the parties to work together and hopefully this then points them in the right direction: settlement of their disputes. The mediator should also ensure that there is a provision in the mediation agreement to obtain additional advances from the parties as the mediation goes forward.