The mediation process

TMP mediators will review all relevant case information provided by both parties to determine most contentious issues in dispute. 

TMP mediators will often provide disputants the opportunity for phone calls prior to mediation sessions to discuss:

• crafting a mediation process tailored to the facts of your dispute
• when and where the mediation should take place, and who shall attend
• parties' opening statements and the mediation procedure regarding how information will be exchanged between disputants
• pertinent issues or facts of the case that the mediator should be made aware of
• any accommodations for parties
• style of mediation
• relevant micro and macro data points

TMP mediators will offer each party the opportunity to explain their perspectives and facts during an opening statement. The mediator may opt to separate parties if confidential information must be exchanged between counsel and parties. During mediation, the mediator will assess:

• what issues are in dispute and which factors might motivate each party to settle
• making professional observations when appropriate and assisting both sides in assessing risk, overcoming obstacles in communication
• pursuing creative, collaborative solutions that are consistent with the facts of the case and promote the preservation of mutual interests for all parties involved
• ensuring that all parties trust the process and feel their voices have been heard and that all reasonable negotiations for settlement have been considered
• procedurally enabling parties toward productive conflict resolution

TMP mediators are not allowed to offer legal advice. All legal opinions shall be offered only by the parties' counsels in order for the TMP mediator to maintain complete ethical integrity during the mediation process. The TMP mediator and counsel may discuss the case in an effort to determine best routes for negotiation and success between parties. 

The TMP mediator will contact both parties separately to conduct a post-mediation status update. In the event that all issues remain unresolved, TMP mediators will follow up in an effort to keep parties engaged in the mediation process and focused on resolution, including providing educational material and further negotiation tactics in attempt to bring parties back to the table. Our mediators will persist until the case settles or until every possible solution has been exhausted. 

Parties always have full discretion to end mediation at any time of their choosing by simple written, signed statement to be filed with the court by the requested party. The mediator maintains the right to end mediation at any time if no resolution is in sight, or a conflict of interest materializes during the mediation.