Agreement to Mediate Checklist
1. Who to be mediator __Community sponsored dispute resolution center __Independent mediator or mediation service __Location of mediator
2. Qualifications of mediator __Whether to be a trained or certified mediator __Whether experience in subject matter of dispute is required __Background and experience
3. Disqualification of mediator __Connection with party __Connection with party’s attorney __Former connection with parties or attorneys __Background and experience __Previous connection with subject matter of dispute
4. Mediation style and approach to be used by mediator __Approach mediation primarily as a facilitator for the parties’ own resolution of their dispute __Approach mediation with a blend of facilitating the parties’ communications together with mediator intervention __Approach mediation primarily from an aggressive intervention style
5. Who to pay for mediator
6. Specific fee arrangement of mediator
7. Materials to be furnished to mediator before mediation
8. Whether materials to be furnished to mediator before mediation are to be shared with opposing party
9. Date, time and place of mediation
10. Length of time to be set aside for mediation (agreed duration)
11. Who has authority to declare an impasse __Mediator __Parties
12. Agreed environment for mediation __Location of facilities __Interruptions __Staff support available __Meal arrangements
13. Who to be present __Parties __Attorneys __Spouses of parties __Mediation team representing a corporate party __Others
14. Who not to be present 15. Role of the parties and their attorneys during the mediation process
16. Whether informal settlement memorandum is to be executed by the parties if settlement is reached __See checklist “Drafting Settlement Agreement,” this chapter __See sample “Settlement Memorandum,” in the Forms chapter
17. What happens if no settlement
© 1996 the mediation center, inc.
