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During Mediation:
Avoid name-calling.
Avoid blaming.
Do not interrupt.
Avoid over detailed statements (can be costly if they have no impact on decision making).
Keep an open mind.
Be willing to negotiate: "If -then."
Avoid judging the other person as they engage in brainstorming sessions for options.
If your counsel is present, refrain from conversations during mediation. Unless you need legal advice during the interim, please ask permission to ask them for legal advice. This is to avoid disrupting the session and intimidating the other party.
Ask the other parties for permission to take notes or record session. All parties must agree.
Each party will refrain from initiating or prosecuting any legal action during the course of mediation.
The mediation process is voluntary, and either party may terminate the mediation for any reason.
Use the mediation process as a means for settlement and not for the means of discovery.
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