HOW MEDIATION WORKS

How the process works.

Mediation provides a neutral setting to talk through a dispute, understand the issues, consider options, and work toward a resolution the participants can reach themselves.

Two people reviewing handwritten notes in a journal together during a mediation conversation

THE PROCESS

A structured approach from the first conversation through to resolution.

01

Free Initial Consultation

The initial consultation is a 30-minute conversation by phone or video. It provides an opportunity to discuss the situation, ask questions, understand how mediation works, and assess whether mediation is appropriate. There is no obligation to proceed. If mediation is not suitable, that will be explained.

02

Preparation

Before mediation begins, participants receive information about the process, what to expect, and how to prepare. Relevant documents or information may be identified in advance, and participants have an opportunity to raise questions or concerns. Preparation helps ensure that everyone comes to the mediation ready to discuss the issues that need to be addressed.

03

Mediation Sessions

The participants explain their perspectives, identify the issues that need to be addressed, and explore possible solutions. The mediator helps keep the discussion focused, asks questions, clarifies areas of disagreement or common ground, and supports productive communication without taking sides. Sessions may take place together, separately, or a combination of both, depending on the circumstances. Participants remain responsible for deciding what, if anything, they agree to.

04

Agreement or No Agreement

If the participants reach an agreement, the terms can be documented in a Memorandum of Understanding. The document records what the participants have agreed to; it is not a decision imposed by the mediator. Participants may choose to have the agreement reviewed by independent legal counsel. If no agreement is reached, the mediation ends without requiring either participant to accept terms they do not agree with. Participants remain free to consider other options.

TAKE THE NEXT STEP

Considering mediation?

The next step is a free initial consultation to discuss your situation, ask questions, and determine whether mediation is appropriate.