Frequently Asked Questions

Mediation is a process allowing parties to use a third-party neutral, called a mediator, that helps disputants come to the table to explore ways to resolve their differences and reach an agreement that is in the interests of all parties. A mediator works with the disputants by listening and understanding their arguments to determine possible existing solutions, costs, and benefits at stake in order to meet in the middle. By using mediation, neither party gives up any rights they had before the mediation and they are welcome to end the mediation at any point. 

Parties are expected to work together with the mediator in order to make mediation most effective. Mediation does not focus on who is right or who is wrong, but instead, focuses on facilitating discussion of problems and solutions. The mediator has no legal authority nor tells the parties what they should do. The parties themselves decide what is important to each of them and are expected to make decisions accordingly. Legal counsel is always welcomed and encouraged at mediation.

Any agreement towards settlement is entirely voluntary. If a settlement is not fully reached, the parties lose none of their rights. As long as parties are within the statutory time frames, they can continue on with mediation or their formal complaint at any time.  

A mediator is a neutral third-party who facilitates conversation in conflict resolution and has no interest in the outcome of the dispute between parties. A mediator has received special conflict resolution training in skills and techniques aimed to assist the parties in coming to a resolution on their own terms. 

The mediator does not have the power to decide the dispute, nor can the mediator offer any legal advice; the parties develop a legal resolution with the assistance of the mediator. The mediator can suggest settlement terms, urges the parties to accept terms, introduces fresh solutions and will weigh in on likelihood of settlement terms being fair and equitable. The mediator empowers the disputants to converse without fear while creating momentum and providing procedural, safe environments for parties to solve problems.  

• Mediation helps resolve disputes early, which avoids future time, stress, anxiety  and financial costs
• Mediation helps parties to communicate with each other to realize real solutions to their problems
• Mediation helps rebuild and maintain relationships through positive reinforcement
• Mediation is voluntary, anonymous, and confidential
• Mediation helps the disputant create solutions on their own
• Mediation allows disputants to control the results reached on their terms
• Mediation allows parties to create and examine unique solutions to a problem on their own instead of taking the problem to a judge, arbitrator or another outside decision maker that results in tens of thousands of dollars spent
• Mediation is informal and fees are split between all parties involved
• No party gives up any of their rights when they use mediation and they can end mediation at any point, risk-free
• Labor and management praise mediation for helping to conduct better business

Anyone who has a dispute, or pending complaint/grievance with another party, or organization, should use mediation. Anyone who has considered filing a lawsuit against an individual or entity should first reach out to that party to discuss going to mediation, first. If mediation fails, then you are free to pursue legal matters further with litigation and attorneys. Mediation is designed for everyone that comes into conflict with other humans. 

In order to begin the mediation process, both parties must voluntarily agree to mediation. If you have a dispute with someone, then you can suggest a session of mediation to that person to resolve your issues before filing a complaint or lawsuit. If both parties voluntarily agree to mediation, then the next step is both parties agreeing on which mediator to choose. Disputants can reach out to any neutral third-party mediator of their choosing to facilitate settlement discussions between themselves. You may attend mediation by yourself or with any representative of your choosing, lawyer or otherwise. 

Top Mediation Pros maintains strict confidentiality in its mediation program. Mediation is 100% confidential, 100% anonymous, and 100% voluntary. All parties must sign agreements stating to honor confidentiality of any new information presented in the mediation. Anything you say in mediation cannot be held against you in court as admissible evidence. Mediation sessions are not tape-recorded or transcribed. Any notes taken by the mediator are destroyed. Any member of the mediation program is not subject to testify in any litigation or investigation. 

The answer can be nearly anytime, so long as you are within statutory time frames for your case. Even if you have not filed any formal complaint against anyone yet, you can still suggest mediation as a form of resolution for relief against another party, confidentially and anonymously. Mediation is actually one of the cheapest, quickest, and most effective ways to determine whether you should even consider legal pursuit in the first place. Often times, parties will come to agreement in mediation proceedings without having to go through the expensive, long, formal legal process.

All parties convene at a neutral third-party location for the mediation to take place in, typically, a conference room. The mediator will introduce themselves, explain the mediation process and hear any mediation statements from all disputants that will detail the issues of the case. The mediator then conducts joint and separate sessions with the parties to clarify any factual issues remaining in dispute and to assist with settlement options. These series of meetings enable parties to share their needs and assess their future settlement opportunities. 

If both parties attend the mediation process but do not reach an agreement, then they are able to pursue further mediation sessions, or other conflict resolution methods at any point. By participating in mediation, parties are still able to maintain their rights to pursue formal legal complaints through  traditional legal processes like litigation or arbitration. No one can force any party to make any decision or agree to anything.

Depending on the complexity of the case, participants may vary. Generally, only aggrieved parties and their legal counsel are present for mediation sessions. For larger cases of co-mediation, it is not uncommon to have multiple caucuses of disputants occurring simultaneously. All parties will be made aware of who will be in attendance for mediation. For possible participants who might attend mediation, here are the following: 

• Mediator(s) must be present. When deemed necessary, co-mediation sessions may be carried out in which two mediators are assigned to help the parties reach settlement. 

• The aggrieved party; or the individual whom feels they have been wronged by another disputant.

• The responder to the grievance; or the individual whom has been accused of wrongdoing. 

• Attorneys, representatives and advocates may also attend, if the parties decide to invite them. During mediation, attorneys, representatives and advocates are usually expected to take an advisory role.

For larger mediations involving workplace disputes, public or policy negotiations, among others:

• Management representatives, if any, must attend. This is the individual who has the authoritative capacity to represent decisions made on behalf of a business or organization. The management representative is usually familiar with the facts surrounding the issue, has authority to sign settlement agreements, and the authority to bind the facility to any resolution agreed upon. 

• Union representatives, when applicable, should also attend, particularly when the matter involves an employee from the bargaining unit or when asked to serve as the representative of one of the parties. Overwhelmingly, unions support mediation as their preferred route of conflict resolution.

• Other team members who work behind the scenes are generally not at the mediation session, but still participate in the process of conflict resolution. A small team of support staff and researchers from either party may be aware of the factual issues while working on a case, though may not be involved in the confidential mediation discussion. This team may also include TMP case managers, customer support staff, or executive members. 

Mediation times can vary due to case complexity. Simpler mediation sessions where parties with few contentious points can agree quickly will tend to last up to 2 or 3 hours, while more complex mediations will take multiple full and half-day mediation sessions. 

No. In fact, most experts will advise that parties spend their time and money on mediation before even committing to a formal legal process. You can collect damages and sign legally or non-legally binding settlement agreements in mediation without having to step a foot into court. Attorneys, judges, and advocates all agree that mediation is the best way to solve most disputes.

Generally speaking, mediation is not legally binding. However, parties can agree to formalize a settlement agreement during mediation in order to provide the court the ability to enforce the agreement made during mediation should a party renege on their duties. At the end of the day, the court will appreciate that mediation occurred and look favorably upon parties that follow their settlement agreements.