Important things attorneys should know before attending a mediation at the Dayton Mediation Center
If you plan on discussing the process of mediation with your client beforehand, here is short description of how mediation works at the Center.
The Center practices transformative mediation, which, in contrast to evaluative mediation, is characterized by the following:
- Face to face conversations between parties. In rare instances, mediators may have separate meetings (caucuses) but the process involves fostering direct communication between the parties. You may at any time request to speak with your client privately.
- Conflict interaction. Conversations revolving around conflict may not follow a linear path, so prepare to be patient with discussions that appear to be repetitive, irrelevant to the legal issues, or circuitous.
- Emotions and facts. Conflict often involves the entanglement of emotion and facts. Rather than avoiding or suppressing feelings and focusing on the facts or legal issues, this model supports discussion of everything the parties find relevant. (Be comfortable with being uncomfortable as emotions get raw.)
- Acknowledgments/Apologies. The principles of transformative mediation include two concepts: recognition and empowerment, which may manifest itself as an apology or acknowledgment. If you are concerned that acknowledgements or apologies may become admissions if the conflict enters litigation, you may add a clause to the agreement stating that acknowledgments/apologies made in mediations are not admissions. The Ohio Code has addressed confidentiality and privilege in mediations: ORC §§ 2710.03 –2710.07.
- Outcomes. The goal of transformative mediation is to support the goals of the parties, which may include a written agreement, gaining clarity, getting new information, or gaining a better understanding of the opposing party. If your goal is to reach a written agreement, then we will work to support you in that effort, but we will not force you to come to an agreement.
Please feel free to contact us at (937)333-2345 for any questions you may have about our process or to discuss how you and your client want to set up the mediation within our structure.