Mediation is a voluntary or a court ordered dispute resolution process where a neutral third party, called a mediator, helps parties work toward a mutually acceptable agreement or settlement of all claims. The mediator is not a judge and does not impose decisions or make rulings, but facilitates communication and negotiation between the parties. The process is commonly used in civil litigation, bodily injury claims, business disagreements, and other civil litigation as an alternative to going to court.

The mediation process begins with an opening session where the mediator explains the ground rules, ensures confidentiality, and allows each party to present their perspective on the dispute without interruption. This helps everyone understand the issues from different viewpoints and gives the mediator insight into the underlying interests and concerns of each side. 

All communications during are confidential, and violating the confidentiality rule would be subject to significant sanctions.  After the group meeting and opening statements, the parties are placed in separate rooms for discussions.  The mediator goes from room to room, and identifies common ground and areas where compromise might be possible.  The mediator shuttles between parties, exploring creative solutions and helping them evaluate the costs and benefits of various options compared to alternatives like litigation.

During the negotiation phase, the mediator may meet with parties together or separately in private sessions called caucuses. These confidential meetings allow parties to speak freely about priorities, concerns, and potential settlement options without fear of weakening their position. 

If successful, the mediation concludes with a written agreement that outlines the terms both parties have accepted. This agreement can be made legally binding and enforceable by a judge.  The parties agree to the terms of the agreement, and the parties will exchange documentation for a dismissal of all of parts of the claims and/or disputes.  

Even when mediation doesn’t result in complete resolution, it often narrows the issues in dispute and improves communication, making future negotiations or court proceedings more efficient. The process takes less time and costs significantly less than traditional litigation while giving parties more control over the outcome.