What is the first step in the mediation process?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The first step in the mediation process is the agreement to mediate. This foundational step establishes the framework for the mediation and ensures that all parties involved are willing to engage in this alternative dispute resolution mechanism. It signifies a commitment from the parties to resolve their conflict with the help of a neutral mediator.

Without this agreement, the mediation cannot proceed, as it requires the voluntary participation of all parties. Establishing an agreement to mediate often includes setting the agenda, defining the scope of the mediation, and identifying the mediator. This step is crucial as it creates a safe and respectful environment for open discussion, which is essential for the succeeding stages of understanding the problem, generating options, and ultimately reaching an agreement.

Other options, while relevant to the overall mediation process, come into play after this initial agreement is formed. Understanding the problem can only effectively occur once parties have agreed to participate. Therefore, starting with a clear commitment to mediate lays the groundwork for a successful dispute resolution process.

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