How Does Mediation Work?


For those who are still new to the process mediation is a confidential, voluntary conflict resolution process that is often more economical and more efficient than a lawsuit and often the only appropriate method for resolving disputes that shouldn’t be in court for a variety of reasons. How it works is that anyone can reach out to a mediator to start the ball rolling when there is a conflict brewing between family members. Let’s call that person the “whistleblower.” The mediator will have an in-depth discussion with the whistleblower about the principles that govern mediation and the process and fees involved. The mediator will then be in touch with all of the people who play a role in the conflict and will share with each of them separately the same basic, introductory information. The next phase will be to conduct a private session with each person involved in the conflict and to invite them to sign an “Agreement to Mediate” which will spell out the mediator’s fee and the guidelines for participation in the mediation. Next up: the mediation agreement.

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