More on Mediations

Mediation presents the parties themselves with the opportunity to resolve their differences fully and finally. The process works when each participant willingly explores both the strengths and weaknesses of both claims and defenses. No matter what the dispute, the mediator works with each party, privately, to assess the case and move it toward settlement.

The mediation process and all of your conversations with the mediator are entirely confidential. Confidential mediation negotiations cannot be disclosed at trial.

At mediation you will explore not only how (or how much) you might win, but also how you might lose. The mediator is neutral and he has no interest in the outcome of the claim. But, he does have an interest in settling the case, and you should expect him to try to motivate both sides to compromise, to the fullest extent of their own self-interest.

Mediation is largely self-propelled. The parties and their lawyers make the negotiating and settlement decisions at mediation, not the mediator. During the mediation you will be asked to sign an agreement acknowledging your familiarity with the rules of the process. Ask you lawyer if you have any questions in this regard. If the case is settled at mediation you will also be asked to sign a settlement agreement. Note that mediation settlements are final and binding on all sides.

For more information about the mediation process, see the article Win Without Losers: Risk-Free Assessment Through Mediation, authored by your mediator.