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Frequently Asked Questions
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How do I get the other party(ies) to agree to mediate?
A: Ask us to do it if you have not already done so. We are
prepared to assist you in getting parties to the table and selecting
a mediator. There is generally no charge for this service.
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What happens after the parties have agreed to mediate and
a mediator has been selected?
A: We will schedule the mediation and discuss any informal
exchange of information each party feels would be helpful to the
mediation.
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What do I need to do to prepare for the mediation?
A: In addition to familiarizing yourself with the facts of the
case, please consider in advance various acceptable settlement
options. Most importantly, arrange to have the person whose decision
is necessary for resolution present for the entire mediation. It is
expected that such person will participate actively in all sessions
of the mediation.
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Do I need to prepare a mediation brief?
A: Briefs are helpful, and you are encouraged to share yours with
the other party(ies). If you prefer that your brief remain
confidential, so indicate on the first page.
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May I speak directly with the mediator prior to the mediation
session?
A: The mediator and his staff are prepared to speak with you at any
time.
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How does Boserup Mediation conduct its mediation sessions?
A: At the scheduled mediation, and prior to
initiating either a joint or individual session, the mediator will
discuss process with each party and/or the party's counsel. While the mediator
may share
his preferred method of conducting the
mediation, the mediator will solicit the views of counsel and/or
counsel's parties regarding the process they feel to be most
appropriate for the particular matter being heard that day. The
mediation that follows is, therefore, one in which all parties have
had some prior input as to process.
Subject to input from the parties, the mediator may
conduct either a joint session or separate sessions, or both. Both joint and separate sessions are
confidential and provide a safe environment for the parties to
evaluate realistically their views of the case and to explore
various settlement possibilities. The parties will re-convene in
joint session to confirm the terms of the settlement. All agreements
are set forth in a written document executed by the parties at the
conclusion of the mediation session.
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What if the case does not settle at the mediation?
A: The vast majority of cases are settled in a single day of the
mediation or shortly thereafter.
The parties often authorize the mediator to conduct additional
negotiations over the phone or through another mediation sessions.
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How are the mediation fees structured?
A: Rates are based on either a full day or a half day.
Mediation fees are usually split between the parties, unless
otherwise agreed to in advance.
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What do the mediation fees cover?
A: Services for which the fees are charged include a review of
pre-mediation briefs or other materials, the mediation session and
any post-mediation services specifically requested by the parties.
Fees for a full day include nine hours of preparation and session
time.
Fees for a half day include 4 1/2 hours of preparation and
session time.
There is no additional charge for assistance in bringing parties
to the negotiating table, scheduling the mediation and making
arrangements for the mediation session. In many cases,
Mr. Boserup may continue to negotiate on behalf of the parties
following the mediation session at no extra cost to those parties.
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