Frequently asked questions about mediation.

Mediator fees vary by location, experience, case complexity, preparation required, number of parties, and length of session. Some mediators charge hourly; others use half-day or full-day rates. Although mediation has a cost, an early settlement can avoid substantial discovery, expert-witness, motion, and trial expenses.

Preparation should include understanding the facts, claims, defenses, damages, evidence, litigation costs, settlement history, and practical alternatives if no agreement is reached. Parties should also identify non-monetary interests, such as timing, confidentiality, business relationships, references, future services, or apologies.

No. A judge has legal authority to rule on motions, determine legal issues, conduct trials, enter orders, and issue judgments. A mediator ordinarily has no power to decide the dispute. The mediator helps the parties negotiate their own resolution. If mediation fails, the case generally returns to the normal litigation or arbitration process.

Potentially yes. The fact that negotiations occurred by video conference usually does not prevent an enforceable settlement. Enforceability depends on whether the agreement satisfies applicable contract, settlement, signature, and subject-matter requirements.

It can be. A mediated settlement is generally enforceable when it satisfies the legal requirements for a contract or court settlement. The safest practice is to put all material terms in a clear written agreement signed by the parties or properly authorized representatives.

Mediation is generally protected by confidentiality rules designed to encourage candid settlement discussions. Those rules may restrict disclosure of mediation communications and their use as evidence. However, confidentiality is not absolute and does not necessarily protect evidence that exists independently of the mediation.

Usually, but not always. A mediation session may be scheduled within weeks or months, while civil litigation can take much longer. If mediation succeeds, it may avoid extensive discovery, motions, trial preparation, and appeal. If it fails, the parties still continue with the case.

Settlement in mediation is generally voluntary: a party ordinarily cannot be required to accept a particular proposal. Participation, however, is not always voluntary. Courts in many states may refer or order cases to mediation, and contracts can require mediation before litigation or arbitration.

Often yes, especially in court-ordered civil mediation. Requiring a person with meaningful settlement authority reduces the risk of an unproductive session in which no one can make decisions. Corporate, governmental, and insurance participants may have special approval structures.

Potential advantages include speed, lower cost, privacy, flexibility, party control, and the ability to craft remedies beyond what a court could order. Mediation may also preserve business, family, or professional relationships and allow parties to settle without admitting liability.

Mediation may fail, adding cost and delay before litigation continues. A significant imbalance in information, bargaining power, safety, or access to legal advice can also affect fairness. Parties may disclose strategy during negotiations, although confidentiality rules may limit later use.

Bring the documents needed to evaluate and resolve the dispute, such as contracts, correspondence, photographs, invoices, medical records, financial statements, expert reports, damage calculations, pleadings, and relevant court orders. Focus on documents that materially affect settlement.

A mediator organizes and guides settlement discussions. The mediator may identify disputed issues, clarify misunderstandings, ask questions, help the parties assess risks, carry proposals between rooms, and assist in developing settlement terms. Some mediators use a primarily facilitative approach, while others may more actively evaluate legal and practical risks. The mediator is expected to remain impartial and not become an advocate for either side.

Generally, good-faith participation means complying with required procedures, attending with appropriate authority, and engaging seriously in the process. It does not usually mean that a party must make a particular offer or accept a settlement.

A mediation commonly begins with introductions and an explanation of the mediator's role, confidentiality, and ground rules. The parties or their attorneys may summarize their positions. The mediator may then conduct joint discussions, private caucuses, or both. Offers and counteroffers are exchanged until the case settles, reaches an impasse, or is adjourned for further work.