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3. Negotiate Without Holding a Fixed Position If you enter facilitative mediation with the idea  facilitative mediation may not work for you. There are so many ways in which to resolve a matter and not all of them involve money. The sky is the limit. Be open to new possibilities.


4. Only Make Agreements You Can Keep and Keep Those Agreements You Make If you make an agreement to pay the other party $500 per month, but your disposable income each month is only $300, you are not going to be able to keep that agreement. Here you should only make agreements you can keep – and you should stick to them.


By following the rules of good faith and the structure imposed by the facilitative mediation process, opponents   court. Facilitative mediators guide you through the process. The content of the mediation and any agreements reached are solely up to the participants.


 middle ground and leave the mediation with an agreement  they had gone to court.


Assisted Mediation Process  Opening Statements The process begins with opening statements, essentially each party gets to tell their story of how they came to be at odds. After each opening statement the mediator will repeat back to the party what they said, to ensure they have heard it correctly and in an attempt to identify what the party’s interests and needs are.


 The Agenda After both parties have had a chance to make their opening statement, the mediator helps them make an agenda. In this context, an agenda means a short list of items or issues that the parties want to address to reach resolution.


Continued On Page 16 


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