The Mediation Process

The mediation session usually begins in joint session with an introduction of the process by the mediator. Each party is then given an opportunity to express their positions and interests in either the joint session or individual private meetings (called caucuses), as preferred by the parties. During this process, the mediator assists the parties in clarifying interests, discussing areas of disagreement, identifying options for possible solutions, and if appropriate, developing a Settlement Agreement.

Throughout the process, the mediator will focus on the parties’ perceptions, interests, and concerns. Because the mediator’s emphasis is on the parties and not the law, attorneys (if present) can be helpful in discussing legal principles and rights that may be involved. A common understanding of what is likely to occur if the case is litigated can have a positive influence on the mediation.