How Does Mediation Work

  • Mediation can begin in different ways, but generally at least one party to a dispute decides to try settling the dispute before going  to court. The party contacts a Mediator.
  • The Mediator contacts all other parties to the dispute to ask if they are also willing to use mediation.
  • If all parties are willing, they sign an Agreement to Mediate and agree to split any mediation fees.
  • After becoming familiar with the issues in the dispute, the Mediator meets with the parties to hear their explanations of their positions, interests and needs – all in strictest confidence.
  • The Mediator and parties work through the issues to try to find ways in which all of  the parties’ essential needs may be met. This process, which is the heart of mediation, may take several sessions.
  • If the parties are successful, they work with the Mediator to craft a written settlement agreement. If the parties have attorneys, the Mediator will recommend that the attorneys review the settlement agreement before the parties sign.
  • If the mediation efforts are not successful, the parties retain all of their alternative options, including the right to pursue other legal remedies.

How can North American Mediation help you!

Learn more about what Mediation is.

Read more about other mediation FAQ’s