Questions About Mediation

Do parties need an attorney present? 
Attorney participation is optional unless otherwise required. Many matters include counsel.

When can mediations be scheduled?  
Mediations can be scheduled during regular business hours as well as on weekends to accommodate attorney and client needs.​
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How long does mediation take? 
Most sessions are scheduled for four hours. Additional sessions may be arranged if needed.

Is mediation confidential? 
Yes. All participants agree to confidentiality, subject to limited legal exceptions.

Does the mediator provide legal advice? 
​No. The mediator facilitates discussion but does not offer legal advice or opinions.

Is mediation legally binding? 
Agreements are binding once properly documented and executed by the parties, often with attorney involvement.

What are the benefits of mediation?
Mediation offers a practical and effective alternative to litigation.

• Fair and neutral process - Each party has an equal voice. The mediator does not determine outcomes.
• Time and cost effective - Many mediations are completed in a single session, reducing legal expenses and delays.
• Confidential - Discussions are private and protected, with limited exceptions as required by law.
• Avoids litigation - Mediation reduces the risks, costs, and uncertainty associated with court proceedings.
• Encourages cooperation - A collaborative approach supports forward‑looking solutions.
• Improves communication - Parties can express concerns in a structured and respectful environment.
• Addresses underlying issues - Mediation allows parties to explore concerns beyond legal claims.
• Empowers party‑driven solutions - Agreements are voluntary and tailored to the specific needs of the parties.

What should I expect from the mediation process?
The mediation process follows a clear and structured framework.

1. Initial Consultation - An introductory conversation allows parties or referring attorneys to discuss the matter, understand the mediation process, and determine suitability.
2. Pre‑Mediation Preparation - Pre‑mediation consultations are conducted with each party. This step helps clarify issues, goals, and expectations, and ensures the mediation session is productive and focused.
3. Mediation Session - Mediation sessions are typically scheduled for four hours, though additional time may be arranged if needed. The mediator guides discussion, ensures balanced participation, and facilitates negotiation.
4. Agreement Documentation - If resolution is reached, a written outcome agreement is prepared for review. When attorneys are involved, legal counsel prepares any formal settlement documents.
5. Follow‑Up as Needed - Additional sessions may be scheduled if the parties determine more time is necessary to reach agreement.

Your questions matter. Here are clear answers to the ones people ask most often. 

Preparing for Mediation

​Effective mediation begins with preparation. This guide outlines what parties and attorneys can expect and how to prepare for a productive virtual mediation session.

​What Mediation Is and Is Not

• Mediation is:
  • A confidential, voluntary process
  • Facilitated by a neutral third party
  • Focused on discussion, negotiation, and resolution
  • Controlled by the parties, not the mediator
• Mediation is not:
  • A court proceeding
  • A determination of fault or liability
  • Legal advice or legal representation
  • A binding outcome unless an agreement is reached

Before the Mediation Session
As part of the preparation process:

• Each party participates in a pre‑mediation consultation
• Key issues, concerns, and goals are identified in advance
• Expectations for participation and communication are reviewed
• Questions about the process are addressed

Parties are encouraged to approach mediation with openness, flexibility, and a willingness to engage in good‑faith discussion.

How to Prepare Personally
Participants should consider:

• What outcomes would be acceptable to you
• Which issues are most important to address
• Where flexibility may be possible
• How you will communicate your concerns clearly and respectfully

Mediation is most effective when parties focus on problem solving rather than persuasion or position‑taking.

Preparing for Virtual Mediation via Zoom
All mediations are conducted virtually. Participants should ensure:

• A quiet, private location with minimal interruptions
• A stable internet connection
• A device with functioning audio and video
• Familiarity with Zoom basics (mute, video on/off, breakout rooms if used)

Detailed technical instructions are provided prior to the session.

During the Mediation Session
During mediation:

• The mediator explains the process and ground rules
• Each party has the opportunity to be heard
• Discussions may occur jointly or in separate caucus sessions
• Options for resolution are explored collaboratively ​

​The mediator manages the process but does not impose decisions.

Confidentiality and Professional Boundaries
All mediation discussions are confidential, with limited exceptions as required by law. The mediator does not provide legal advice, determine facts, or testify in future proceedings.

When attorneys are involved, they remain responsible for advising their clients and preparing any legally binding agreements.

After the Mediation
If agreement is reached:

• A written mediation outcome is prepared for review
• Attorneys finalize settlement documentation as appropriate

If additional time is needed, follow‑up sessions may be scheduled.

Questions Before Mediation
Questions about preparation, format, or participation are encouraged and can be addressed during the pre‑mediation consultation.

To schedule a virtual mediation or confidentially explore whether mediation is the right next step for you, please contact JSM Mediation Services.