Q: What should I expect to happen during mediation?

A: Generally, when you arrive at the mediation, the mediator will most likely hold a joint meeting with all the parties. During this joint meeting, the mediator will facilitate the discussion and set out some ground rules to help structure the day.  The next phase of the mediation will be a series of separate sessions where the mediator meets with you and your attorney.  During these separate sessions, expect that the mediator will ask you questions and pose hypothetical situations.  This is a chance for you and your attorney to explore your position and identify potential ways in which an agreement with the other party can be reached.  When the mediator is conducting separate sessions with the defense, you and your attorney will have a chance to talk privately.  You can use this time to ask your attorney questions or voice concerns with how the process is progressing.  You should not be surprised or discouraged if the mediator asks you to brainstorm some creative and possibly unrealistic settlement proposals. This is just a way to encourage all the parties to keep an open mind about the process.  You are always free to reject or accept any proposal.  Also, the mediator may or may not propose specific suggestions for settlement. This will depend on how the process unfolds. 

Most importantly, remember that the mediator will play a neutral role in the mediation process.  He or she will not have any power to decide the issues in this dispute.  Rather, their role is to assist the parties in reaching a settlement. The mediator will structure negotiations and act as a vehicle between the parties. In this sense, they will serve as a facilitator, not a judge.