MEDIATION SCRIPT
Good morning. My name is __________ and this I will be serving you as mediator today.
You may call me by my first name; how would you like us to address you?
I want to explain the mediation process. I am not a judge or a decision maker. My job is to
facilitate communication and to help each of you think and communicate more clearly with
the hopes that you will be able to reach a settlement. After that, we will identify and agree on
what the basic issues of disagreement are. Then we will work together with you in examining
exactly what you want of each other and what some possible solutions might be. Our goal is
to help you find a solution that both of you feel comfortable with.
I will do everything in my power to assure that the process remains confidential. I as a
mediator cannot be compelled to come into court and testify as to any part of the mediation
Now let me briefly describe the procedure that we will be following today. When I finish my
remarks, each party will make an opening statement. An opening statement is simply a
statement of your party's position. Itshould take from five to twenty minutes. After each of
you makes an opening statement, we will remain together for what is called the joint session.
In the joint session I will ask questions from each of you to make certain that I understand
your position and that I have all the information that I need. At some point in our discussion
we will probably break into separate groups called caucuses. I will meet privately with one
party and then with the next. This portion of the mediation usually lasts for several
[Link] the caucuses you will have an opportunity, if you wish, to disclose things to me
that you want me to know, but that you do not necessarily wish for me to disclose to the other
side.
Either of you may ask to take a break at anytime during our discussion. You can step outside
for a few minutes if you wish, but we will ask you to let us know what is happening and then
to return when you are ready to continue. Sometimes it is helpful for us as Mediators to meet
separately with each of you during our discussion, so we may be doing that occasionally as
well.
It is necessary for this process for each of you to sign this written agreement to mediate. If
you would just look it over, please. It basically says that you have come of your own accord,
that what you say here will be kept confidential, and that the Mediators will not be asked to
release information discussed here, nor will they be summoned into court to testify on matters
disclosed here.
Last of all, we would like to discuss ground rules a bit.
We ask each of you to agree not to interrupt when the other person is speaking. These rules
are especiallyimportant in the next part of our discussion here.
Moving into the "The StoryTellingStage'':
Is it all right with you if we begin with (Name of Complainant), since he/she initiated the
mediation? We will hear from you. (Name of Responding Party) when he/she is finished
