Mediation is a confidential, private process where a neutral third person called a mediator helps the parties discuss their dispute with an eye towards resolution.  Think of mediation as a structured negotiation facilitated by the mediator.  The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute. The only people who can resolve the dispute in mediation are the parties themselves. The mediator does not have the power to decide for the parties but can help the parties find a resolution that is mutually acceptable.  There are a number of different ways that a mediation can proceed. Most mediations start with the parties together in a joint session. The mediator will describe how the process works, will explain the mediator’s role, and will help establish ground rules and an agenda for the session. Generally, parties then make opening statements. Some mediators conduct the entire process in a joint session. However, other mediators will move to separate sessions, called caucuses, shuttling back and forth between the parties. If the parties reach an agreement, the mediator may help reduce the agreement to a written contract called a settlement agreement. 

Lawyers in Mediation

If you are represented by an attorney, the question will arise whether your attorney should attend the mediation with you. Ultimately, it is the parties dispute and mediation.  Some parties get their legal advice pre-mediation and attend the mediation without counsel.  Others bring their lawyers and work collaboratively with the mediator and their attorney.  It’s up to the parties how they wish the mediation to proceed.