All this time to make amends - Foo Fighters  

What do you mean settlement offers are confidential?

The purpose of settlement discussions can be confusing because it differs by context.

In some cases, making an offer to settle can be important to secure your best chance of cost recovery if the dispute ultimately has to be determined by a third party decision maker.

At mediation, settlement offers disappear if they are not accepted. I like to explain it by saying they evaporate.

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Why aren't your mediation rates higher?

Because I want to offer a service that I myself could afford.

As a supporter of the movement to improve access to justice, I wanted to put my money where my mouth is.

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Why don't you share testimonials?

I do not post testimonials because the mediations I conduct are confidential in nature.

While some mediators who also facilitate confidential mediation processes post testimonials, it is not something that I am comfortable doing.

Likewise, there are mediators who post about their sessions on socal media, some even tagging legal counsel involved in the case. You will never find me doing that.

Maybe that is due to social media being less prevalent back when I conducted my first mediations -  and such posts indicating to me that the mediator is new - but, more importantly, it is because I feel it publicly shares too much about what is meant to be a confidential process for reasons that offer no clear benefit to the parties.

I am just not comfortable violating the spirit of confidentiality by identifying my clients or their representatives for my own self promotion.That is not how I roll.

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Can I get a transcript of the mediation?

No. It is inappropriate to ask or even expect there to be a transcript of a mediation.

Mediation is a confidential process.

What is stated during it should not be recorded, but for terms of settlement that everyone clearly and expressly agrees to.

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How can I get the mediator on my side?

You can't and you shouldn't. Mediators are netural and impartial. They cannot impose an outcome.

The role of the mediator is to help generate options, challenge positions and develop an understanding of how underlying interests at the table can practically be addressed.

If you focus on getting the mediator "on your side" rather than working with others involved in your dispute, you risk failing to make the most out of your mediation opportunity.

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Can I represent myself at mediation?

Absolutely!

I have mediated with many self-represented parties over the years. Some consider it one of my specialties.

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Why can't you guarantee settlement?

The superficial answer to this question is that the regulations that I have volunteered to subject myself to in this unregulated field known as mediation do not allow me to promise the resolution of any dispute through the mediation process.

The more meaningful answer is that mediation is all about self-determination, so whether or not a mediation results in settlement is not my call. It is up to the parties.

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