10 Simple Questions – 10 Simple Answers to Understand the Basics of the Mediation Process

The persons who contact a mediator usually have 3 things in common: 1) They are dealing with a situation that they cannot resolve on their own; 2) They don’t want to go to court and, 3) they do not know how mediation works.

You will find below a recap of the 10 most common questions we at Mediation Path Silicon Valley got from the persons who contact us for the first time. Our answers are designed to help you to better understand the basics of the mediation process to allow you to determine if mediation would be beneficial to you and to the other parties involved in the dispute you want to resolve.

1). How long will mediation take?

We usually allocate a minimum of three hours for a mediation session. Some mediations take longer than this and some settle more quickly. The length of time a mediation takes depends on the issues involved and the parties’ willingness to find creative solutions. That said, it is always quicker than a lawsuit. In the same amount of time a lawyer will have his/ her first meeting with you and if you are lucky will draft the initial paperwork to file with the court.

As a result, the cost of mediation is much less than the cost of fully litigating a case through the court system.

2) When can a mediation date be set?

A date for mediation can usually be set within 2 to 3 weeks, depending on the schedule of the participants and the mediators. In court, it will usually take two to three months to get your first hearing.

3). What if the other party won’t agree to mediate

All the parties involved in the dispute must be present at the mediation session to avoid any contest of the mediation settlement in the future. That said, mediation is a voluntary process. Based on our experience, many times, a party will refuse to participate because she/he does not know what happens during the mediation session. As a result, at Mediation Path Silicon Valley, we like to be proactive and offer to speak with all the parties involved, for free, to answer their questions and provide them with basic information about the mediation process to allow them to make an informed decision about whether to mediate or not.

4). Will I be allowed to talk at the mediation?

Unlike the Court where only your attorney addresses the Court as the parties are discouraged from talking directly to the judge, in mediation having the parties share their opinion is one of the cornerstones of the mediation process. Therefore, you will be encouraged to speak at the mediation and to listen to the other participants' points of view. Mediation is confidential. Therefore, you can express your thoughts and feelings freely without any fear of legal retaliation. To put it simply, the purpose of mediation is to promote collaboration and problem-solving rather than reinforcing adversarial positions. By focusing on understanding each party's underlying interests and needs, mediation encourages cooperation between the attendees to find their own resolution to their conflict.

5). If a party gets angry will the mediators help me?

Yes. The mediator’s role is to facilitate a civil discussion among the parties. If one party becomes angry (which frequently happens) the mediator will usually acknowledge that they are upset and work to determine why they are feeling this way. To do so the mediator will suggest a break to give this party time to calm down and will also propose to “caucus” with the angry person to understand what is really bothering him/her in a productive way before going back to the mediation session with the other parties. For the record, a caucus is a confidential, private meeting held by the mediator with individual parties. This meeting is separate and distinct from the joint session.

6). If there is an agreement, how will I know that the other party will do what they agreed to do? And what if they don’t?

While the mediation process is confidential, the parties can agree that their settlement agreement can be filed with the Court and that the Court will have the authority to enforce the terms of the settlement.

7) If we don’t settle at the mediation meeting, can we come back?

Yes. Parties are free to mediate as many times as they would like. It is not uncommon, especially when there are numerous issues to be resolved, for the parties to participate in several mediation sessions before a full agreement is reached as long as they make progress at each mediation meeting.

8). If we go to mediation and don’t agree, can we still go to court?

Yes. If no agreement is reached in mediation, the parties are free to pursue their legal remedies through the courts.

9). Who should pay for the mediation?

We usually suggest that all participants contribute towards the mediators’ fees. That way everyone has so to say “skin in the game” and has made a financial commitment to working together to find an amicable solution.

10). Why does mediation work?

Contrary to a judge who says which party is right and which party is wrong, mediators are neutral third parties who facilitate the mediation process without taking sides or imposing decisions on the parties. Mediators help create a safe space for open dialogue and assist in identifying common interests and exploring potential solutions. The mediator's neutrality and impartiality are designed to instill trust in the process, allowing parties to express their concerns freely and work towards finding a mutually acceptable agreement.

Unlike litigation or other adversarial methods, which can strain or destroy relationships, mediation allows parties to maintain a level of respect and cooperation to help preserve their future relationships. Mediation is also more cost-effective and time-efficient than going to court or engaging in prolonged disputes.Both of these factors contribute to its effectiveness as a conflict resolution method

We hope this information will assist you in deciding if mediation is appropriate for your situation. Please feel free to contact us to discuss any questions or concerns you may have. Our trained mediators welcome the opportunity to speak with you.