Frequently Asked Questions About Mediation

Mediation is a process where two people work with a neutral third person(called a Mediator) to discuss and resolve their disputed issues. Mediation is a voluntary process, so either party can discontinue mediation at anytime and for any reason. The Mediator can make suggestions or help generate options but cannot make decisions for the parties. Mediation is different from litigation (a trial), where the judge makes a final decision; in mediation, the parties make the decision.

A Mediator is the neutral and impartial third person who helps you come up with possible solutions, stay on track, and clarify areas of agreement and disagreement. Even if you have already tried to negotiate with the other party, a Mediator can help you and the other party listen to each other and keep you focused. A Mediator is thereto help both sides communicate and explore possible solutions. A Mediator is not allowed to decide who is right or wrong or to tell you how to resolve your dispute. A Mediator is prohibited from providing therapy, counseling, or legal advice.  

Every mediation begins with an introduction by the Mediator explaining the process and the role of the Mediator. The Mediator usually will meet with both parties together to discuss the issues to help you work out your differences. The Mediator may also meet with each party privately, if warranted under the circumstances.

Eventually, the mediation will end in one of three ways, either:

1. The parties reach an agreement as to some or all issues, in which case, all parties must sign the agreement.
2. The Mediator declares an impasse (because one or both parties are unwilling to continue discussing resolution).
3. The Mediator, with the parties’ consent, continues the mediation session by adjourning for the day.

If the Mediator declares an impasse as to some or all issues, then the parties will have to go to court to have the judge decide the case.

Mediation is a process where two people work with a neutral third person(called a Mediator) to discuss and resolve their disputed issues. Mediation is a voluntary process, so either party can discontinue mediation at anytime and for any reason. The Mediator can make suggestions or help generate options but cannot make decisions for the parties. Mediation is different from litigation (a trial), where the judge makes a final decision; in mediation, the parties make the decision.

You do not have to have an attorney at mediation. However, it may be helpful to consult an attorney prior to going to mediation or to have an attorney with you. A mediator cannot give you legal advice.

Non-parties (examples are: friends, relatives, advisers) may attend the mediation ONLY if all parties agree. If all parties do not agree, non-parties may not attend the mediation. It is best to ask the mediator about bringing someone with you before you go to the mediation.  

Generally, the rule is that people who attend a mediation may only discuss what is said in a mediation with others who attend the mediation or their attorney.

At mediation you can resolve all of your issues, some of your issues, or none of your issues.  If a full or partial agreement is reached, all resolved issues must be written down and all parties in the dispute and their attorneys (if appearing at the mediation) must sign. If there is only a partial agreement that means there are still issues to be resolved by the court.  Those issues will be addressed in atrial unless they are settled after the mediation but before the trial begins.

If you do not reach an agreement at your court-ordered mediation, the mediator must report to the court the fact that no agreement was reached. The confidentiality rules still apply. Even if you do not reach an agreement during the mediation, you may continue to try to settle your case after mediation.  If you settle your case after mediation but before trial, contact the court to ask what procedures you need to follow.

The parties should work together to select a mediator. If you cannot agree on the selection of a mediator, the judge will select a certified mediator for you.  

The cost of mediation depends on many factors. The ethical standards for mediators require that the mediator provide a written explanation of any fees and costs prior to the mediation. The mediator may have minimum fees and charge for travel time, postponements, cancellations, or other expenses.

The length of a mediation will depend on many factors.  Mediation may range from a half hour to a day or several days, depending on the complexity of the case or number of parties in the dispute.

In cases where the mediator is not appointed by the judge, when choosing a mediator, you may wish to consider any number of factors, including the mediator’s background, training, and experience with mediation or with your type of case.  You may also wish to consider the fees the mediator proposes to charge.

1. Mediation provides an opportunity to talk with someone who is impartial.  
2. What is said in mediation is confidential.
3. Mediation allows the parties to decide the issues, not a judge.
4. Mediation can help the parties overcome obstacles to communication.
5. Mediation is an opportunity to gain a greater understanding about why the dispute arose.
6. Mediated agreements allow for flexible solutions, beyond what a court could order.
7. Mediation agreements are enforceable.
8. Reaching a resolution at mediation removes the risk of going to court.
9. Mediation can save money.
10. Mediation can resolve your disputes much quicker than litigation.