The Mediation Process

The Mediation process is not as intimidating as you might think it is.

I run a casual atmosphere to help ensure you’re at ease throughout the process. There will be an initial 10-minute free consultation with each side to ensure they’re good with me being the Mediator. You will need to determine if you think you will need a full day for reaching a mutual agreement, half day, or 2 hours. I will obtain 3-4 days and times from each party to ensure at least one of those times fits with all our schedules. 

Once you’re on the schedule, I will send out an introductory letter that will tell you when and where we’ll be meeting. I will also send you an information sheet where you can tell me your side so I have most of the information prior to the Mediation. This helps keep the time down so I’m familiar with the issues before the clock starts. Any evidence you want to submit can also be sent at this time. Please bring hard copies of all evidence to share at the hearing as I will not print anything out.  

One hour of review is included in the cost of Mediation. I do not charge extra for review, unless it’s enough material to take over an hour. Then the time is billed specific to that party, not split equally between the parties, $75 per 1/2 hour.  

I will provide notepads for you to take notes on while you’re here. Because of the need to keep the Mediation process confidential, I will need to keep all notes to shred. Because of this, you will not want to write on something that you want to take home with you.  

When Mediation starts, I will have the Claimant start with a brief summary of their issues and what they would like to get out of the Mediation process, and then the same with the Respondent(s). I require respect from each party. You will let the other person speak and not interrupt. There will be no name-calling or yelling. Mediation can be an emotional process, but it works best when we can all hear each party and listen to what they’re saying instead of talking on top of them. If something they said triggers a thought or question, write it down so you’ll remember when it’s your turn to talk. If something is said that you didn’t quite hear or understand, yes, please interrupt and ask for clarification or for something to be repeated so we’re not too far removed from what was said. 

After the brief summaries, I will ask some questions of each party and see if we can find the common ground to work on. While I’m talking with one party, please listen to what they say as there might be a trigger point that puts the situation into perspective that you hadn’t thought about because you hadn’t thought of their response before. Listening intently helps the process move along as it helps each party come to realizations quicker to work within the time constraints you’ve set for the Mediation. 

After some back and forth, we will review the common ground and see if there are potential outcomes that each party could agree to. Outcomes are going to be your thoughts and opinions, so please come ready to share. I will help rephrase some of the information discussed, and I can help you look deeper into issues, but I cannot provide the outcome. 

If time permits, we will write up the agreement right then and there, and everyone will sign it. I will then type it up and put it through Docusign for digital signatures and a clean copy. I will also send you copies of the chicken-scratch to show I typed it up as agreed to. 

That’s all there is to it. No judges. No legal language. No objections. No sustaining statements. Conversation going back and forth with a lot of listening and understanding. The above process is if all parties are in the same room. If it’s determined that each party needs to be in a separate room, much of the back and forth will be me going between the rooms telling you what the other party said. It does take longer for the conversation to be repeated with each back and forth, so just be aware of that when choosing a 2 hour mediation instead of half day. Let me know if you have any questions about the process, and I will be more than happy to answer them.