It is important to know straight away that the mediation process is typically informal and is conducted by a trained mediator, who is an unbiased, neutral third party. The mediator's job in the process is to listen to each party and help the parties arrive at a solution that all involved agree to.

Although any party may have an attorney present, the attorney is not part of the mediation. The mediator will start off by introducing himself and will welcome all parties involved. He will outline the mediation process and go over the ground rules. All parties involved will then take turns providing statements. This is important, as each party can tell their side of the story and provide their opinions and viewpoints. Discussions may become emotional, so the mediator attempts to summarize objective facts pertaining to the issues.

Additionally, the mediator may ask questions to clarify points. The mediator may talk with each party separately through a caucus, discussing solutions and scenarios in order to get a settlement by both of the parties. The mediation process will continue back and forth like this for some time, clarifying points, clearing misunderstanding and suggesting alternatives. The mediator will also provide points of agreements as each side agrees on issues. The mediator will eventually propose a final agreement. Remember, the mediator does not act as a judge. He is an impartial negotiator who is just presenting solutions that were discussed. The parties involved have to come to the agreement.

See our directory if you need to look for a mediation attorney in your local area.