Perspective

What to expect in mediation

Mediation is an informal, confidential, and structured negotiation guided by an expert neutral to facilitate the process. The goal is not to “win” the day - it's to create a process where the parties can evaluate risk, test assumptions, and explore options that may not be available in court.

Before the session

Mediation is most productive when everyone arrives prepared. That can mean sharing key documents, identifying the decision makers who need to be present, and identifying realistic expectations in advance of the session. Pre-mediation discussions with the mediator is encouraged.

During the session

Mediation typically starts with introductions and an overview of the the process. Joint conversations, meetings with opposing counsel, and private caucus discussions are typical, depending on what will be most productive that day. Flexibility is the key.

After the session

If the matter resolves, the parties or mediator will document the terms in writing. If the parties reach an impasse, mediation is still useful — it can narrow issues, clarify priorities, and identify what would need to change for a resolution to be possible. Continued negotiation following a mediation impasse can be very effective.

Confidentiality and candor

A core benefit of mediation is the ability to speak candidly about risk, practical constraints, and settlement options in a protected setting. That candor often helps parties separate interests from positions and focus on what is truly necessary to resolve the case.