A mediation session normally begins with the mediator addressing the parties, to explain and outline the process and have the parties sign an Agreement to Mediate. Each party will be invited to make a brief statement summarizing their case. With the assistance of the mediator the parties will then work toward a resolution. As is often the case the mediator may begin a series of private, confidential meetings with the parties.

These meetings are known as “caucuses” or “private sessions” and the mediator works with the parties to analyze the case, discuss issues that a party may wish to keep confidential, and generate some settlement options. Discussions do not simply revolve around legal issues, but also explore any business or personal interests that may need to be considered to reach a mutually acceptable agreement.

Not every case settles in mediation. In some cases the mediator, with the consent of the parties, may be able to follow-up on the telephone and facilitate closure. In other cases, the parties may simply need time to re-evaluate their cases in view of the perspective gained in the mediation and will arrive at a settlement on their own shortly after the session.