Mediation Basics
The mediation process is cooperative, collaborative, and focused on working through issues for the purpose of reaching a solution that is acceptable to both parties. The parties agree that the mediation and all the information exchanged therein will be strictly confidential. If litigation is already pending, then the parties must agree to either withdraw the legal action or agree that the litigation will be stayed pending the outcome of the mediation.
Commonly, mediation is handled through a series of meetings. There are no formal hearings.
The mediator may meet with the parties together and/or separately and, if the parties are able to resolve their differences, will prepare a written document that captures the elements of the agreement between the parties.
The agreement is nonbinding until it is converted into a court order or judgment. Frequently, the parties are encouraged to retain independent counsel for the purpose of reviewing the final agreement to ensure that the agreement reached by the parties is equitable.
