Frequently asked questions about mediation.

Yes. Depending on governing law, exceptions may apply to threats of violence, criminal conduct, abuse reporting, professional misconduct, malpractice disputes, enforcement of settlement agreements, or communications for which confidentiality has been properly waived. The exact exceptions should be explained before mediation begins.

Yes, where attendance is required by court order or rule. Possible consequences may include fees, costs, rescheduling expenses, or other sanctions. The specific sanction depends on the court's authority and the circumstances.

Yes. Many state and federal courts have authority to refer appropriate cases to mediation or another form of alternative dispute resolution. The goal is to encourage earlier resolution and reduce the cost and delay of litigation. A court order usually requires participation in the process, not acceptance of a settlement.

Yes. One advantage of mediation is the ability to address non-monetary interests. An apology, acknowledgment, explanation, correction, or commitment to change practices may be important to resolution even when a court could not readily order it.

Often the mediator is protected from being compelled to testify about confidential mediation communications or to produce mediation notes. Protecting the mediator from becoming a later witness helps preserve neutrality and candor.

No. The mediator may test assumptions, discuss risk, encourage flexibility, and ask difficult questions, but generally cannot compel a party to accept a settlement. The authority to settle belongs to the parties or their authorized representatives.

Yes. An interpreter may be necessary so a participant can understand the process and communicate effectively. The interpreter should understand confidentiality expectations and should translate accurately without becoming an advocate.

In a voluntary mediation, a party usually can end participation. In court-ordered mediation, leaving without authorization may violate attendance or participation requirements even though the party cannot ordinarily be forced to settle.

Yes. Mediation programs and courts should address reasonable accessibility needs, which may include physical access, communication aids, interpreters, captioning, remote participation, or scheduling adjustments. The particular accommodation depends on the participant's needs and the forum.

Yes, in many disputes parties negotiate confidentiality or non-disparagement provisions. These clauses should be drafted carefully because they may affect future speech, disclosures to regulators, tax reporting, or legal rights.

Yes. Custody and parenting mediation can address schedules, holidays, school decisions, transportation, communication, travel, and other parenting issues. The mediator helps the parents negotiate but does not replace the court's obligation to protect the child's interests.

Yes. Construction disputes frequently involve owners, contractors, subcontractors, architects, engineers, sureties, insurers, and technical experts. Mediation allows all relevant parties to work toward a coordinated settlement and can address money, repairs, scheduling, warranties, liens, and future performance.

Yes. Divorce, parenting, support, and property disputes are often mediated. Mediation can reduce adversarial conflict and allow customized arrangements, particularly where parents must continue communicating after the case ends. It is not appropriate in every matter, especially where safety or severe power imbalance is a concern.

Yes. Mediation is commonly used for discrimination, harassment, retaliation, wage, contract, termination, and workplace disputes. Possible terms include compensation, references, confidentiality, reinstatement, policy changes, or separation arrangements.

Yes. Experts may help explain technical, medical, financial, valuation, engineering, or other issues. They can participate throughout the session or only for a limited presentation. Their role should be defined in advance so the mediation does not become an informal trial.