ABSTRACT
Some mediators begin their mediations by welcoming the parties, and then just sitting together and discussing the dispute and what has happened prior to the start of the mediation. Other mediators follow somewhat stricter rules of procedure and follow a set pattern of guidelines as to how they proceed. At the beginning of the first mediation conference, the mediator should preliminarily confirm his or her selection as the mediator; set forth the understanding concerning the mediator's compensation; affirm that all discussions are in the nature of a settlement and thus are not to be offered as evidence in any subsequent proceeding. The mediator also should confirm that the proceedings are entirely confidential; and make it clear that in no event will the mediator be called as a witness by any party in any legal proceedings. The mediator should resist the urge to read to the parties from a checklist that may have been prepared in advance.
