Mediation – How Does That Go?

If you haven’t had a chance to read our prior post Mediation – What is That? stop here and take a moment to read prior to continuing here!

There are two types of mediation – court-ordered mediation, and mediation by agreement of the parties. Typically, regardless if the mediation is court-ordered or by agreement of the parties, you will have a Supreme Court certified mediator nonetheless.

Mediation can occur either in person, or virtually. The court may order in-person mediation. However, most mediations take place virtually, via Zoom. Many of my clients attend mediation from the comfort of their home. Statistically, mediations that occur virtually have shown to be more successful than those that occur in-person. Why? When you mediate from home or your place of comfort, there are less nerves and stress surrounding the mediation. While there should be no other parties present in your mediation space, you have the ability to make yourself coffee, get more water, and even engage with your animals/pets during the course of mediation.

On the day of mediation, the mediator will begin with a brief introduction, introducing themselves and discussing the process and role they play in mediation. They will offer an opportunity for the parties to ask any questions, should you have any. After, the mediation will usually allow the Petitioner/Moving Party to voice their concerns. Then, they will hear the other side’s concerns. Sometimes, the mediator will meet with both parties. More often, the mediator will split the parties (and their respective attorney, if they have one) into “breakout rooms” to hear each side’s position in confidence. The mediator cannot share everything discussed during this time. The mediator will only present to the other side what you give them permission to.

Mediation may have quite a bit of downtime. While the mediator is having discussions with the other party, it’s a short opportunity to chat with your lawyer, run to the bathroom, or grab a snack! The flexibility allowed during mediation is another reason that many clients prefer to attend from the comfort of their own home.

Mediations are typically scheduled either for a half-day, or a full day. A half-day mediation is usually 3 hours long, while a full day mediation can be eight hours or longer. Mediation can end in a couple of different ways: 1) an agreement was reached, 2) there is no agreement reached and the mediation is declared an “impasse” 3) mediation is continued for another day.