What is mediation and how does it work?

At Stokes Law Mediation, we are committed to resolving your dispute in a timely, cost effective and appropriate manner. We believe that mediation can be a very successful dispute resolution process.

Mediation is a process whereby a third party, who has no stake in the outcome, assists disputing parties to negotiate a satisfactory resolution to the dispute. Meditation is a voluntary process and is more cost-effective and relationship-focused than going to court. The mediator’s role is to assist the parties to reach a settlement or agreement. The mediator has no authority to impose a settlement on you. We will however provide you with advice on the legal aspects of any proposed settlement.

What is mediation and how does it work?

Most mediations are made up of four steps, but the process is fluid and steps can be intertwined.

Step 1

You will provide your perspective on the facts of the dispute and so will the other side. The mediator may ask questions in order to make sure he or she has a full understanding of the dispute.

Step 2

The mediator tries to elicit a better understanding of what the real issues are for the parties. A major part of this exploration is to gain an understanding of what you and the other person(s) really want as an outcome. The mediator wants to identify your interests and to see if there is some common ground. There may be non-legal and non-monetary remedies you want.

Step 3

All parties explore options for settlement. This is an opportunity to brainstorm any and all possible opportunities for resolution. The mediator encourages discussions that consider a range of options and ways to assess whether or not they are suitable for you and the other party (parties). The ultimate goal is to identify a mutually acceptable resolution, if possible.

Step 4

The agreement is finalized in a document that is binding and eforceable, like a contract or court order, after signing the draft agreement with independent legal advice.

In most cases, much of the mediation will take place in joint sessions. These are sessions that are chaired by the mediator and involve both parties.

From time to time a mediator may ask to meet privately with a party. This is called caucusing. When caucusing, the mediator will invite you to have a frank conversation with them about your interests and concerns. When entering into a caucus, let your mediator know if any of the information you share is confidential. Confidential information may not be disclosed to the other side by the mediator without your agreement. Non-confidential information may be used by the mediator in a way that he or she deems appropriate.

Mediations are structured by the mediator.

The mediator will propose certain rules of conduct; generally determine who will speak and when; call for recesses; propose caucus meetings, and so on.

Most mediators expect the parties themselves to play a central role in the discussions. You will likely be asked to explain why you are here and what you hope to accomplish. You may be questioned by the mediator. In mediation you and the other party are the central actors in the process. You will be expected to know your case well. It is therefore necessary to give considerable thought to what you want to achieve, but be prepared to be flexible and consider what is most important to you as an outcome. Mediation provides opportunities to learn information about the other side’s case. By the same token, the other side will learn information about you and your case.