Date:

Time:

Location:

Participants:

 Mediator:

 Party 1:

 Party 2:

Introduction and Welcome (5 minutes)

1. Mediator introduces themselves and explains the purpose of the pre-mediation conference.
2.  Mediator confirms voluntary participation and sets a collaborative tone.
3.  Confidentiality: Emphasize the importance of maintaining confidentiality throughout the pre-mediation conference and the mediation process.
4.   Voluntary Participation: Ensure that both parties understand that participation in mediation is voluntary and they can withdraw at any time.
5.  Mediator Neutrality: Reinforce the mediator’s role as a neutral facilitator, not a judge or decision-maker.
6.   Preparation: Encourage parties to gather relevant information and documents before the mediation session.

Review of the Mediation Process (10 minutes)

1.  Mediator provides a brief overview of the mediation process, highlighting key steps and expectations.
2.  Mediator addresses any questions or concerns the parties may have about mediation.

 III. Identification of Issues and Interests (20-30 minutes)

1.  Parties briefly outline the key issues in dispute, focusing on the underlying interests and needs rather than positions.
2.  Mediator helps clarify and summarize the issues to ensure mutual understanding.

Identification of Issues and Interests (20-30 minutes)

1.  In addition to outlining the key issues,
2.  parties can briefly mention any information or documents they believe are essential for understanding the dispute or for the other party to have before the mediation session.
3.  The mediator can facilitate a discussion about the type and scope of information needed, considering factors like relevance, confidentiality, and practicality.

Logistics and Ground Rules (15-20 minutes)

1.  Discovery Exchange: If discovery is necessary, the parties can agree on a timeline and process for exchanging relevant information or documents before the mediation session. This could involve:
2.  Identifying specific documents or categories of information to be shared.
3.  Establishing deadlines for exchange.
4.  Agreeing on a format for sharing (e.g., email, secure online platform).
5.  Discussing any confidentiality concerns or limitations on the use of the information,

Additional Considerations Regarding Discovery:

1.  Voluntary Exchange: Emphasize that discovery in mediation is typically voluntary and less formal than in litigation. The parties have more control over what information is shared and how.
2.  Mediator’s Role: The mediator can help facilitate the discovery process by:
3.  Suggesting types of information that might be helpful for the mediation.
4.  Assisting with crafting a discovery plan that meets the needs of both parties.
5.  Addressing any disputes or disagreements about the scope of discovery.
6.  Limited Scope: Encourage the parties to focus on the most essential information needed for a productive mediation session, avoiding excessive or burdensome discovery requests.

Discussion of Expectations and Goals (15-20 minutes)

1.  Parties share their individual expectations and goals for the mediation process.
2.  Mediator facilitates a discussion to identify common ground and potential areas of compromise.

VII. Logistics and Ground Rules (10 minutes)

1.  Mediator confirms the date, time, and location of the mediation session.
2.  Mediator reviews ground rules for respectful communication, confidentiality, and the overall mediation process.
3.  Parties agree on any additional logistical arrangements (e.g., document exchange, communication methods).

VIII. Closing and Next Steps (5 minutes)

1.  Mediator summarizes the key points discussed during the pre-mediation conference.
2.  Mediator expresses optimism about the potential for successful mediation.
3.  Parties confirm their commitment to participating in the upcoming mediation session.