The Mediator

Mediation is a meeting conducted by a trained neutral party, a mediator, who helps opposing parties settle their lawsuit.

The mediator has no stake in the outcome. The mediator uses specialized negotiating techniques to help parties understand each other’s point of view, explore solutions, and help them reach a settlement.

The mediator does not decide or judge the case. However, if asked, a mediator with legal experience will discuss strengths, weaknesses, and risks of a case as a neutral sounding board.

Confidentiality

Prior to the mediation, both sides provide a short written brief of their case to the mediator and each other. Anything discussed in the mediation or the brief cannot be used by the other side as evidence in any future court proceeding.

Anything you tell the mediator privately remains confidential unless you instruct the mediator to reveal it to the other side.

The Mediation – Open Session

A mediation can be organized however the parties wish. However, usually, it begins with a joint meeting of all parties and lawyers in an open session. This provides an opportunity for each party and their lawyer to present their story uninterrupted to the other side. The other side or the mediator may have some questions, to clarify what was said, before the other side presents their story and answers any questions.

The Mediation – In Caucus

Following the joint open session the mediator will meet with each side separately. In these sessions the parties may discuss issues privately and more openly allowing the mediator to better understand their priorities and difficulties. The mediator uses this information, while still maintaining confidentiality, to help parties move towards a compromise. The mediator shuttles between the parties exchanging offers, counter-offers, and negotiating terms.

The Mediation – Resolution

A successful mediation can remove years of time: waiting for a trial date; sitting through a lengthy trial; and then waiting for a judge to impose their decision on both sides. A successful mediation lets both parties decide their own future on their terms.

Once the parties have come to an agreement, the mediator can help draft a written settlement agreement. This agreement is binding and can be enforced in court if necessary.

Even if there is no settlement, a mediation still brings the parties closer together with a greater understanding of everyone’s strengths and risks.

The mediator remains available for any future meetings at the request of the parties.