The process of mediation, while not a guarantee that any particular result will be achieved, can help parties reach a settlement without the time, expense, uncertainty and stress associated with litigation. A successful resolution in mediation is often a win-win for the disputing parties.
A skilled mediator in a private setting can help the participants understand and hear each other’s viewpoints. Unlike an attorney, who may be more focused on preparing for trial or fighting the case, the mediator is not emotionally involved in the dispute and can work to bring the parties to a resolution that is fair to all.
Mediation takes a few hours to a full day, depending on the number of issues in dispute and the complexity of those issues. During this time, the mediator will discuss potential avenues for resolution with each party in separate rooms, called caucuses. The conversations in caucus are confidential and not shared with the other party unless the party agrees to do so.
In joint sessions, the mediator will encourage all participants to introduce themselves and present their views of the case and desired outcome. The mediator will also ask open-ended questions to get to the underlying dynamics of the dispute.
The mediator will help identify common goals, such as financial needs and child custody agreements. The mediator will also figure out which issues are able to be settled and which can be put on hold until the other issues have been resolved.