Mediation is an opportunity for parties to have a meeting or multiple meetings to resolve all or some of their issues, with the potential to not have to have a trial, hearing or appearing in front of a Judge. A mediator is a trained, neutral party who meets with the parties (and often their respective attorneys) to conduct the mediation. If an agreement is reached, the agreement is documented and typically signed by the parties. If an agreement is not reached, the parties may proceed with their case to hearing or trial.
How does the mediation process start?
Mediation will typically start by the parties volunteering to retain a mediator prior to filing court action or if court action has already began, by court order. Parties are allowed to jointly select or the judge will appoint a mediator.
Does the mediator decide what happens?
Do both parties have to be in the same room?
Who pays the mediator?
The parties typically will split the cost of the mediation. There may also be administrative fees depending on the district where you live.