How Does Mediation Work?

Once the parties to a dispute have agreed to mediate, an agreement to mediate is drafted and signed by all the parties. A date and place, which would be a neutral venue such as a hotel, is agreed upon.

The mediator usually opens the mediation by running through the process with the parties. Both parties will have the opportunity to ask questions about the process. Each side will then give an opening statement. It is open to the parties to bring their legal representatives to the mediation with them, though this is not a requirement.

After the initial  opening session, each party will the be seen in private sessions. Everything that is discussed in private sessions is strictly confidential, unless the party expressly consents to it being disclosed to the other side. The prviate sessions then alternate with both parties.

Once agreement is eached, a final joint session is convened to go over the terms of agreement, and arrange to have the agreement put in writing. If necessary, the parties can then arrange to have the agreement made a rule of court.

On average, mediations last approximately 2 days, though this time can be longer or shorter, depending on the type and complexity of the dispute. Family mediations are usually conducted over a period of weeks.