What actually happens at the Mediation?
The Mediation usually takes place at the mediator’s office or some other neutral site. The parties and their lawyers meet in one room, each sitting on opposite sides of the table. The mediator sits at one end of the table. This is called the general session. There are rare times when a general session is not productive and this step is omitted. The mediator begins the general session with an explanation of the process and a brief understanding of the case, based upon the mediation briefs. Then the mediator calls on the lawyers for each side to add whatever each thinks is important. Also, the parties are free to say whatever they want. Whatever the lawyers and the parties say at the general session is inadmissible in court, so they are encouraged to speak freely and not to hold back. During this phase, the mediator is trying to learn as much about the case as possible. At all times, it is important to remain civil with the other side no matter the nature of the dispute. After awhile, th
