The Mediation Process

The process begins with a call or e-mail to the mediator from one or more possible parties or their counsel, after which the mediator will schedule a brief (15 minute), confidential telephone conversation with each party or counsel.

The purpose of these initial conversations is for the mediator to: 

• briefly describe the mediation process used by the mediator;
• confirm that the party understands that the mediator's purpose is only to facilitate a process and not to provide legal advice or decide how the dispute should be resolved;
• hear a brief, confidential summary of the positions and interests to be addressed in mediation, including any court orders or referrals that may pre-define the scope;
• ascertain whether the party or counsel believes the mediation process would be helpful in addressing those positions and interests.  

Note: The role of a mediator is to facilitate communications and understanding among competent parties, not to make determinations of the capacity of a party to enter an agreement to mediate, participate in a mediation, or enter a settlement agreement on completion of the mediation. If capacity of a party emerges as a central issue during the Initial Confidential Conversations, the mediator will decline to mediate the dispute until capacity has been legally determined or the party is represented by counsel or a Guardian ad Litem (GAL).