How does Mediation Work?

Mediation often leads to settlements when parties find agreement. This is invariably better overall than further disputing or engaging in litigation.

Many factors influence the willingness of parties to resolve at mediation. These include speed, cost, certainty, control, risk mitigation, flexibility of resolution terms, need to move beyond the dispute, and future costs of disputing or litigating.

The mediation process can vary depending on the type of dispute, the mediator’s approach, and importantly, the needs and willingness of the disputing parties to resolve. 

Mediation can take the form of a plenary session. The mediator may caucus separately with disputing parties and their counsel. On consent, the parties may meet with the mediator without their lawyers, or the parties may meet with each other without the mediator and their lawyers. Or, there may be some combination of the above.

Mediation is private. Should mediation not achieve resolution and litigation ensues, nothing said during mediation can be used in any post-mediation proceedings. Nor can the mediator be called as a witness in any proceedings.