A Typical Mediation        

Bringing people together to work towards a common solution

In the typical mediation, the mediator will begin by introducing herself and reviewing the mediation process with the parties. She will also explain confidentiality and inadmissibility into court of any statements made during a mediation.

Next, the parties will each briefly describe their complaint or give their response to the other party’s complaint. At this point, the parties may be moved into separate rooms, if the mediator feels that would be more helpful. If the parties stay together, the mediator works to promote constructive dialogue. If the parties are separated, then the mediator will work to help each party evaluate their options and goals.

This process will continue until all parties reach an agreement, or until the mediator feels that no more progress is being made. Any party has the right to leave the mediation at any time, but this is discouraged as long as the mediator still feels there is still progress. If an agreement is reached, it is recommended that it be put down in writing and signed by both parties. If the parties choose to have an attorney draft an agreement at a later time, it is strongly recommended that a summary of the agreement be written at the conclusion of the mediation. If an agreement is not reached, the parties may still elect to go to court, not pursue the matter, or resume the mediation another day.

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