Mediation 101: What it is, Why it is Used, and What to Expect

Most legal disputes do not make it to trial—and many never even reach a courtroom. Instead, they are resolved through a settlement or dismissed before trial. This is largely because litigation can be costly, unpredictable, time-consuming, and emotionally draining, encouraging parties to pursue alternative paths to resolution. One common way in which parties resolve disputes is through mediation.

What is Mediation?

Mediation is a voluntary and typically confidential process in which a neutral third party helps parties reach a mutually acceptable resolution. In some cases, contracts require parties to attempt mediation before pursuing further legal action.

How Does Mediation Work?

Mediation may be facilitated by a private mediation service, a government agency such as the Equal Employment Opportunity Commission, or may be court-facilitated, through what is often referred to as a settlement conference.

Mediation can take place in person or remotely, depending upon the forum’s requirements and the parties’ preferences. Prior to mediation, the parties may be required to submit a pre-mediation statement. At the outset of mediation, the parties and their attorneys will meet together with the mediator. The mediator—who may be a retired or active judge, an attorney, or a trained neutral—guides the discussion and works to facilitate a resolution.

During mediation, each party may have the opportunity to provide an opening statement. After this initial session, the parties are usually separated into different rooms (or virtual breakout rooms if remote). The mediator moves between the parties, conveying settlement offers, discussing positions, and helping each side evaluate potential outcomes.

If a settlement is reached, the general terms are typically put into writing at the conclusion of mediation. While these initial terms are themselves non-binding, the parties then prepare and execute a formal agreement amongst themselves that is binding.

How Long Does Mediation Take?

Mediation can last anywhere from a few hours to a full business day, or in rare situations, longer. It is a valuable tool that allows parties to resolve disputes more efficiently. Mediation can reduce legal expenses and avoid the uncertainty of trial. It gives parties the opportunity to better understand the other side’s position and explore potential solutions. It can also allow the parties to be heard by a neutral mediator which sometimes can make them feel heard.

How Can I Learn More About Mediation for My Case?

Our firm has extensive experience in representing clients before mediation. If you are an employee or employer seeking guidance through the mediation process, we are here to help. Contact Lipp Law today.