How Mediation Works

Mediation is a facilitated negotiation. The parties to a dispute voluntarily participate in confidential negotiations conducted with the guidance and supervision of the mediator. The purpose of mediation is not to vanquish the other side or to convince the mediator of the rightness of one's position, but rather to get the other side to enter into an agreement.

Before the mediation begins, I request that each party submit to me, and exchange with each other, a brief mediation statement describing the dispute and the history of any settlement efforts. If there is anything a party wishes to tell me in confidence, the party can do so at the mediation or beforehand by separate letter or over the phone. I usually reach out to the attorneys for each party in advance of the mediation so that I can get some background about the case. This often allows me to streamline the mediation.

I begin most mediations by giving a brief introduction describing the process, and then asking each party to introduce themselves. How the mediation proceeds varies with each case, but typically there are joint sessions where everyone is present, and breakout sessions where I meet with smaller groups separately.

There is no sensible reason why information that is readily obtainable in the litigation process through discovery should be held back in mediation. I encourage the parties to exchange information, including the basis for damage calculations and key documents and information that support their claims and defenses. This allows each party to better evaluate the risks of litigation, and to explore realistic options for settlement.

Throughout the process I help each party to: 1) better understand their interests and priorities as well as those of the other party; 2) develop realistic settlement proposals that address each party's needs and interests; and 3) determine the best agreement available in mediation and then compare the best agreement available in mediation with the outcome each party can reasonably expect if the case does not settle.

Those attending should have full authority to resolve the case. If settlement terms are agreed upon, the parties enter into a binding written agreement at the end of the mediation.