How Mediation Works

To start the session, the mediator will introduce the participants, explain what will happen, and ask all persons to sign the Agreement To Mediate. It is important that the decision-makers are at the table, including attorneys.

One side is then asked to state his or her side of the case and then the opposing party relates his or her side.  While one side is speaking, the other is asked to listen and take notes.

Once assured that he understands both sides, the mediator will probably ask to talk with each side privately.  This gives each person an opportunity to speak to issues that he or she may not be comfortable expressing with the other side present. The process is then reversed - providing the 2nd side the same opportunity provided the first.

Each party is given as much time as is reasonably needed, but feelings are considered during the entire mediation process.

Going back and forth between the parties or bringing the parties back together again, the mediator will point out the areas of agreement and will work with both sides until a party-generated  solution is acceptable to all.

Attorneys continue to coach clients, guiding them until settlement is reached, and an agreement is signed.