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What preparation should be expected?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.
Is a joint opening session required?A joint opening session is optional.
Does the mediator make the final decision whether a dispute settles?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.
Are the communications during the mediation process confidential?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.
May personal advisors, such as a CPA, attend the mediation conference?"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.
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