Good evening. I am Eric, from the mediation program.

I am your mediator tonight, which means

that I am here to help you and to aid your efforts to resolve your conflict. Let us begin by
introducing ourselves. Louie? Jesse?

To help you, I will stress three things.

One, your voluntary participation. The mediation process exists for your benefit, which is why it
can be voluntary. I will be helping you make your own choices in your own self-interest by
examining your essential needs and positions.

Two, I will emphasize fairness. This means that I will treat each side equally and act only inside
the limits you authorize.

Three, confidentiality. The settlement conference is off-limits, just as stated in the mediation
agreement you signed. That is a contract. Even more, chat we talk about in private remains
private unless you say otherwise.

To start the process, I will ask each side to put their issues on the table and tell us about their
case. You can take the time you need, but most people take about 15 to 20 minutes to describe
things. When both sides have finished, we will then explore the issues and then try to arrive at
an agreement. I would like to request that you listen to each other without unnecessary
interruption and to avoid the use of harsh words.

Louie, I would like for you to start by sharing some information about how you see the
situation. What would you like to tell us?

1. Introduction
2. Mediator’s opening statement
-fairness, confidentiality
3. Louie’s opening statement
4. Mediator’s summary of party’s statement
5. Jesse’s statement
6. Mediator’s summary of statement
7. Agenda setting – ask the parties come up with the issues that need to be resolved. Bullet
points, do not prioritize each statement over another.

Administration
Selling the land
As with the fruits
Right to the income

8. Exploration of issues – ask probing questions

- Find the details of the dispute
 - Find the hopes and concerns of the parties
- Encourage them to talk to each other
- Enable them to provide options

administration of the land

2. sharing of fruits of land
3. sharing of expenses for real estate taxes

- AVOID ARGUING WITH THE PARTIES

- AVOID BEING JUDGEMENTAL
- AVOID GIVING ADVICE OR CROSS EXAMINING THE PARTIES
9. JOINT SESSION
- Clarify the details and terms with the parties, present modified or new proposals,
move towards a formal agreement.
10. Agreement
- If they come to a consensus, OUTLINE THE TERMS
- SMART
- SPECIFIC
- MEASURABLE
- AGREED UPON
- REALISTIC
- TIME RELATED