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The Preliminary Conference

Often a preliminary conference between the mediator and the disputants is convened before the mediation. Occasionally lawyers for the disputing parties may also be present. The purpose is to:

• ensure the parties are well prepared for the mediation by discussing preliminary matters; attending to documentation; setting expectations and answering questions;
• sign the mediation agreement;
• acquaint the parties with the mediator and the process in a relaxed environment (including the mediator’s role; any confidentiality issues; making arrangements for additional information or documents to be provided to the mediator or other parties);
• prepare a ‘statement of interests’ by each party – this assists in focusing the parties on what their main concerns are. The parties may exchange statements or provide them confidentially to the mediator;
• confirm who will be attending the mediation including ‘support’ people (such as family members, accountants, lawyers, etc) who often have no formal role but through their support assist the party in reaching an agreeable outcome);
• make arrangements for the mediation date, time and venue and any special needs including meals and breaks;
• confirm those parties participating in the mediation will have the appropriate authority to sign an agreement resolving the dispute without contacting another person not present; and
• agree on estimated costs for the mediation and make arrangements for fees to be shared according to the mediation agreement.

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