MEDIATION: How It Works

Mediation is an informal, confidential process. Mediation can usually happen in one day unless there are a number of complicated issues to resolve. Mediation allows the parties to keep control over the outcome of their case. It is also non-binding.

Comparison Chart:  How mediation compares to arbitration and litigation

Both sides need to agree to mediate unless the court has ordered mediation. When it is court-ordered, neither side has a choice.

Mediation Processes: Joint Session & Caucuses

A mediation involves a joint session where both sides (and their attorneys if retained) meet with the mediator in a conference room. Each side gives a statement about the facts of the case. Both sides have an opportunity to speak.

When the dialogue breaks down, the parties then may engage in a caucus. For this, they are separated into different rooms to discuss the issues in more detail and negotiate positions.

During the caucus, the mediator visits each party in their separate rooms and uses techniques such as reality testing, reframing, venting and others.

The use of these two processes depends on how much progress is being made. In some cases, there is one or more joint sessions and a caucus. In other cases, a caucus may not be necessary.

What to Bring to Your Mediation

You should bring all materials that you want to share with the other side. Some people bring documentation to support their position. Some use charts, graphics or photos. Others provide little or no information.