Question 1

What preparation should be expected?

Accepted Answer

Be prepared to outline your goals and the obstacles to resolving the dispute. Each
party will have the opportunity prior to the mediation conference to submit a confidential
statement of the case.

Question 2

Is a joint opening session required?

Accepted Answer

A joint opening session is optional.

Question 3

Does the mediator make the final decision whether a dispute settles?

Accepted Answer

No, the parties decide whether or not to settle. A self-determined settlement must
be acceptable to all parties. The mediator’s role, as a skilled neutral, is to guide and
facilitate the process.

Question 4

Are the communications during the mediation process confidential?

Accepted Answer

Yes, the mediation process is confidential, and the confidentiality cannot be
waived. The mediator is only allowed to make authorized communications between the
parties. Mediation is regarded as settlement negotiation and is governed by Indiana Rule
408.

Question 5

May personal advisors, such as a CPA, attend the mediation conference?"

Accepted Answer

Generally yes. Any such advisors would need to be invited and permitted by the
mediator and be bound not to disclose the communications to third parties.

FAQs

What preparation should be expected?

Is a joint opening session required?

Does the mediator make the final decision whether a dispute settles?

Are the communications during the mediation process confidential?

May personal advisors, such as a CPA, attend the mediation conference?"

Let’s Work Together

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