What to Expect During Mediation

Mediation is a powerful tool in civil litigation that can be used to bring both sides of a dispute to the table.  Mediators boast a success rate of over 80%.  But, what should you expect when you show up for mediation?

Overview of the Process:

Each mediator may do things a little differently.  However, the typical process involves an opening meeting where the mediator talks to both sides at the same time and gives an overview of how the mediation will go.  During that session, the parties are usually not asked to say anything. 

The mediator will then separate each party into separate rooms.  From that point forward, neither party will see or talk directly to the other party for the remainder of the mediation.  The mediator will go back and forth between the rooms, conveying offers and talking about the strengths and weaknesses of each party’s case.  If and when an agreement is reached, the mediator will have each party sign a simple document to memorialize what was agreed to.

Downtime:

Be prepared for a lot of waiting.  During the mediation, the mediator only talks with one party at a time.  As a result, while the mediator is speaking with the other party, you will just be sitting in a room with very little to do.  It is completely appropriate to bring a book, your laptop, or something to do during that wait time. 

Non-Adversarial:

During the mediation, all information and offers will be relayed through the neutral mediator.  You will not be sitting across the table from the other party.  As a result, the discussions do not typically get heated, and it is a very relaxed atmosphere.

Give-And-Take:

It is important to know that there will be give-and-take during a mediation.  Each side is trying to get the best deal for their own client.  As a result, if the case is going to get settled then neither side will be getting everything they want.  Talk with your attorney ahead of time and develop a plan for how to handle the offers.  Be prepared to make at least some concessions if you are serious about getting the case settled.

If you have a dispute, talk to the experienced trial attorneys at Goosmann Law Firm, PLC, in its Omaha, Sioux City, or Sioux Falls offices.