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International Commercial Mediation

Page 93 6 MEDIATION COMMENCEMENT ISSUES There are no set rules as to how mediation commences. Some mediators begin by welcoming the parties and then just sitting together and discussing the dispute and what has happened prior to the start of the mediation. Other mediators follow somewhat strict rules of procedure and/or follow a set pattern of guidelines as to how they proceed. Generally, however, most mediators provide for a period of time at the start of the mediation where they as mediator speak directly to the parties in an informal manner about what is about to happen, how the mediation will proceed, and what is expected of everyone at the mediation. All mediations should commence with the mediator making everyone comfortable and at ease.

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