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Getting all parties to agree to mediateAfter agreeing to mediate their dispute the parties select a mediator to assist them in resolving the dispute. The mediator then gets an over view, determines the fee, selects the venue and the date for the (first) meeting. The parties furnish the mediator with any documents that the mediator will need to review prior to the mediation session. 2
The mediation session itselfThe mediator introduces him or herself and all other parties. The mediator typically has each side present its view of the dispute and how it should be resolved. The mediator then questions each side to probe for information and to prioritize and clarify the issues. The mediator attempts to get each side to focus upon their real interests rather than their litigating positions. The mediator stresses the necessity for each party to understand the positions of the other side. The mediator keeps the parties engaged in negotiation even when they become discouraged. 3
CacusesMediators normally, at some point, separate the parties into separate rooms and work with each side privately to address their issues. The mediator then shuttles between caucus rooms to bring the positions of the parties into harmony. The entire process takes place under an explicit commitment of confidentiality. 4
The dealEventually, the parties reach an agreement on the principal issues in dispute and after questioning by the mediator the agreement is reduced to writing and signed by all parties. Additional ResourcesRelated Questions1 Attorney answers: 
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