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Mediator Check-Up


It’s easy to fall into bad habits. How easy is it to toss aside new tips and techniques and return to how we’ve done things in the past or how we have seen them done? We see it in our classes all the time.


Remember the time that we spent talking about negotiation best practices and how few utilized those techniques when it came time to negotiate? It takes effort – focused, intentional, concentrated effort – to incorporate a new way of doing things into what we already know.


Here’s a quick checklist so you can do your own checkup.

  • Are you properly and completely disclosing potential conflicts?

  • Are you confirming what rules will apply to your mediation?

  • Are you screening for domestic violence?

  • Are you helping the parties prepare for the mediation?

  • Are you thoroughly preparing for the mediation?

  • Are you having an initial mediator session where you are covering all appropriate topics?

  • Are you actively listening in the caucus sessions?

  • Are you balancing being active and passive?

  • Are you effectively using questions?

  • Are you being evaluative at the right times?

  • Are you leaving the door open for continued negotiations for those that don’t settle?

  • Are you following up on the cases that didn’t settle?

  • For those that settle, are you ensuring that the principal points are documented?

If you have questions or just need a pep talk, don’t hesitate to reach out to us. Also, remember the great resources available at the Alabama Center for Dispute Resolution.

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