• Step #1:  Selecting The Mediator

The first step in the mediation process is to identify and select the mediator for the mediation session.  Typically the mediator is someone that is local to where both parties reside, and has knowledge of the subject area pertaining to the issues involved.

• Step #2:  Engaging The Mediator & Scheduling The Mediation Session

The second step in the mediation process is to engage/hire the selected mediator, and to schedule a date and time when both parties will be able to physically attend in person.  In most instances, the mediation session will take place at the mediators office.  If requested, the mediator also has the option to conduct the mediation off-site at a mutually agreeable location.  The length of each mediation session varies from half a day (4 hours), up to a whole day if necessary (8 hours).  Once the mediator is selected and mediation date is agreed upon, the parties will engage the mediator by signing an engagement letter.  The parties will then be requested to answer our pre-mediation questionnaire outlining their side of the story, provide any supporting documentation pertinent to their case, and pay their agreed upon portion of the fee in advance of the mediation session.

-Click here to download our mediation engagement agreement: Mediation Engagement Agreement

-Click here to download our mediation schedule of services:  Mediation Agreement Schedule of Services

-Click here to download our Pro-Se waiver form (if a party does not have legal representation):  Pro Se Mediation Waiver Form

• Step #3:  Participating In The Mediation Session:

A mediator's primary function during the meditation session is to facilitate discussion while encouraging both parties to make compromises and concessions as necessary to hopefully produce a settlement agreement.  Should an agreement be reached by both parties on all or some pertinent matters, the mediator will draft a binding agreement for signature and execution by both parties.

Below is an overview of a common mediation session's format:

***Phase 1:  Mediator's opening statements. Once all parties are seated and introductions are made, the mediator provides an overview of the goals of the mediation, along with laying the ground rules in hopes that both parties work in a cooperative and collaborative spirit.

-Click here to download our ground rules for mediation:  Ground Rules For Mediation

-Click here to download our best practices for a successful mediation:  Best Practices For A Successful Mediation Session

***Phase 2:  Opening statements by each party.  After the mediator's opening statements, each party is offered the opportunity to describe the dispute according to their perspective.  These statements may consist of the negative or consequential impacts of the dispute, along with identifying some of their objectives and desired outcomes as a result of this mediation session.

***Phase 3: Initial joint discussion. If both parties appear to be cordial and intent on working in a collaborative spirit, typically the mediator will proceed to suggest that each party directly responds to the other party's opening statements in an attempt to resolve the identified issues.

***Phase 4: Separate individual conferences/caucuses. After the initial facilitated joint discussion, each party will be separated and placed in their own private room.  These separate conferences/caucuses enable each party to meet exclusively with the meditator to discuss their positions; the positions of the other party, the most desired outcome, the least acceptable outcome, the zone of possible agreement, and their "walk-away point."  Once these positions and negotiation objections have been identified by each party, the mediator will present and exchange settlement offers and counter-offers between the parties during the timeframe allowed in hopes of reaching a mutually agreed upon settlement.

***Phase 5: Final facilitated discussion. If the allotted timeframe for the mediation session is close to expiration and a settlement agreement has yet to be reached as a result of the separate individual conferences/caucuses, the mediator may recommend another face-to-face facilitated discussion between all parties in a final effort to achieve collaboration to produce a settlement agreement before the end of the session.

***Phase 6: Mediation session conclusion.  Should all parties achieve the goal of reaching an agreement, the mediator will summarize the points of the agreement in a written document for immediate signature, and then produce a formal mediation settlement agreement after the session.  If the parties are unable to reach an agreement during the mediation session, the mediator will discuss next steps and make recommendations for both parties to consider in an effort to come to an agreement outside of court.