About Mediation

Mediation - A Guide For Your Clients

Getting Started With Mediation - A Guide for Your Clients

Mediation is one way to resolve your case without the cost, delays, or uncertainty of trial. If your case is scheduled for mediation it’s likely that your client has never been in a mediation before. They probably have questions about the process and what to expect.

Here’s what they need to know about the process.

What is Mediation?

Mediation is a confidential process where a neutral third party, known as a mediator, helps disputing parties reach a mutually acceptable agreement. Unlike a judge or an arbitrator, the mediator doesn’t decide your case or tell you what you have to do. Instead, the mediator helps both sides explore solutions and find common ground. Because the mediator is neutral, he or she can often help the parties achieve a mutually agreeable settlement that they otherwise would not have considered.

Mediation is a process that requires patience and takes time. It’s not unusual for the parties to be frustrated by their adversary’s early offers or demands. It’s important to be patient and listen to your lawyer who will help guide you through the process.

What to Expect During Mediation

Pre-Mediation Consultation: Before the mediation session, I typically consult with the attorneys to understand the issues, the parties’ positions, and any concerns or goals. I also review written materials each lawyer sends to me. This helps me get a clear picture of the situation.
Initial Joint Session: Mediation usually begins with a joint session where I meet with all of the parties and their lawyers. I outline the process, set ground rules, and make sure everyone has the same understanding about which issues will be discussed. When the lawyers and I believe it will be helpful, we sometimes have each lawyer give a brief opening statement. In most cases, we skip opening statements and move to the private sessions.
Private Sessions (Caucuses): To better understand each party’s interests, I meet privately with each party and their lawyer. These confidential discussions allow for open, honest communication and help me explore possible solutions. What you and your lawyer tell me in the private session remains confidential and will not be shared with the other side unless you give me permission to do so.
Negotiation and Agreement: I will guide the negotiation process, encouraging compromise and collaboration. Mediations usually involve several rounds of negotiation. It is not unusual for the parties to reach a temporary impasse. We often make the most progress after an impasse. If an agreement is reached, the parties will draft a memorandum of agreement.
Post-Mediation Follow-Up: If an agreement is not reached, I provide follow-up to continue helping the parties reach an agreement.

How to Prepare for Mediation

Understand the Process: Make sure you are familiar with how mediation works and what you can expect. Your lawyer will be able to prepare you. Keep in mind that mediation is about finding a solution that works for everyone—not “winning” or “losing.”
Know Your Goals and Priorities: Take some time to think about what you want to achieve in mediation. Work with your attorney to understand the strengths and weaknesses of your case. What are your main goals? What outcomes are acceptable to you? Having clear goals will help focus the discussion. Your lawyer will also evaluate the other side’s case, what they likely want, and what alternatives they may consider instead of continued litigation.
Gather Relevant Information: Make sure your attorney has seen any important documents or evidence that might be relevant to your case. Being prepared will make the process smoother and help the mediator understand your position.
Stay Open-Minded: Mediation works best when everyone involved is willing to listen and compromise. Even if the process feels frustrating at times, try to stay open to different solutions. It’s normal for things to seem difficult at first, but mediation often leads to creative solutions that can satisfy everyone.
Work with Your Attorney: Your attorney will be there to guide you through the process, provide legal advice, and help articulate your position. Don’t hesitate to ask them for support before, during, and after mediation.

Why Do Parties Mediate?

Mediation offers several advantages over going to court. Here are some reasons why it can be a positive alternative:

Cost-Effective Dispute Resolution: Mediation typically costs less than going to trial. It can save you time and money by avoiding lengthy court procedures and reducing legal fees.
Confidentiality: Mediation is a private process, unlike court hearings that are public. This confidentiality is especially valuable if you want to keep sensitive information out of the public eye.
Preserving Relationships: Mediation fosters cooperation and communication, which can help maintain or even improve personal or business relationships that might otherwise be damaged by litigation.
Control Over the Outcome: One of the biggest benefits of mediation is that you have control over the outcome. Not the judge. Not the jury. You and the other party work together to find a solution that works for everyone, rather than having one imposed by the court. You can also accomplish things in a settlement that are not available at trial. Trial is uncertain. Experienced lawyers will tell you that they have had trials end better and worse than they expected. A rogue juror or a witness who testifies poorly on the stand can change the outcome of a case.
Faster Resolution: Mediation leads to quicker resolutions than traditional court cases, which can drag on for months or even years. This quicker resolution can help reduce stress and uncertainty, allowing everyone involved to move forward.

Remember:

It’s important to remain positive throughout the mediation process, even if things don’t immediately go the way you’d like. Mediation is designed to encourage dialogue and create solutions over time. Often, what might seem like a setback is just part of the process of working toward an agreement that everyone can accept. With patience, persistence, and a willingness to explore different options, mediation can lead to a resolution that leaves everyone better off.

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