What will litigants expect when going through mediation?

Mediation is where a mediator acts as a facilitator to resolve a dispute. When for example there is a couple going through a divorce, the mediator selected by the parties or appointed by the court will meet with the parties and their attorneys to resolve their case. The process is completely confidential. The reason for the confidentiality is for the parties to feel at ease in negotiating a peaceful resolution to their case. Normally, the parties and their lawyers will meet in one room and give short opening statements before the mediation process begins. Once both sides deliver the brief opening statements, then the parties and their lawyers are separated into two rooms. This is what is called in mediation, caucus. The mediator will meet individually with each side and try to move the dial to reach an agreement. Sometimes throughout the mediation process, the parties might come together if it will help settle the case. Both sides are the ones who are the decision-makers in a mediation. Not the lawyers and not the mediator. The idea is to find common ground to facilitate a full settlement for both sides to move on without further litigation. When mediation is successful, no one walks out the clear victor, but there a conclusion. The bottom line is when there is an ultimate agreement through mediation, it is won.