There are roughly four phases involved in the mediation process.52 During
the first phase, which generally lasts one or two sessions, the mediator begins
to assess the dynamics of the situation and to establish an optimistic and safe
emotional climate. She gathers factual information53 and encourages the parties to express anxieties and concerns."' The mediator discusses her role and outlines
the procedures. She also lays the gound rules, which "typically cover the issues
of mediator neutrality, full disclosure, confidentiality, best interests of the
children, committment to develop an equitable settlement, agreement not to
participate in adversary legal procedures during mediation, and some statement
about abiding by the final agreement." 5
" Fee arrangements should be
finalized early in this phase, with each spouse contributing in some way to
payment
There are roughly four phases involved in the mediation process.52 Duringthe first phase, which generally lasts one or two sessions, the mediator beginsto assess the dynamics of the situation and to establish an optimistic and safeemotional climate. She gathers factual information53 and encourages the parties to express anxieties and concerns."' The mediator discusses her role and outlinesthe procedures. She also lays the gound rules, which "typically cover the issuesof mediator neutrality, full disclosure, confidentiality, best interests of thechildren, committment to develop an equitable settlement, agreement not toparticipate in adversary legal procedures during mediation, and some statementabout abiding by the final agreement." 5" Fee arrangements should befinalized early in this phase, with each spouse contributing in some way topayment
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