There are numerous decisions to make as you work your way through a dispute. Whether you are a disputant or a lawyer, these Checklists will assist you to make conflict-resolution decisions objectively and in an organized manner. You may not need every Checklist for the dispute that you are dealing with. You will know which ones are applicable.
Date and Duration
Whether you or an assistant is scheduling the mediation, the questions addressed in this Checklist will assist in selecting an effective date and length for the mediation meeting.
Variables and Issues to Consider
Interests and Objectives
Use this Checklist to gain insight into what is motivating you, to make your best guess about what is motivating others who are involved in the dispute, and to brainstorm creative ways to meet all your objectives. Key Questions:
Data and Information
You need information and data to make good decisions. This Checklist helps you identify what you require. As enduring outcomes are more likely when interests and objectives are applied to data and information, combine this Checklist with the Interests and Objectives Checklist.
Agreement to Mediate
In some places and for some disputes there are laws that govern your mediation. They may even protect the confidentiality of the negotiations at the mediation. When this is not the case, you need an Agreement to Mediate. This Checklist helps you to select the terms of the Agreement to Mediate.
Deborah Lynn Zutter practises Collaborative Divorce and mediation in Vancouver. She is a conflict-resolution trainer and frequent public speaker who has taught mediation at the University of British Columbia, Faculty of Law. She is also the author of Preparing for Mediation: A Dispute Resolution Guide, 2nd ed.Back To Top