What happens in the mediation process?
Mediation sessions ideally include all participants necessary to making and implementing a decision. They are joined by one or two trained, neutral mediators. The sessions are casual and informal. At the outset of a mediation session, the mediator explains the process and sets the ground rules for the conversation so everyone knows what to expect and how to contribute. The mediator may ask the participants to sign a confidentiality agreement. By doing so the participants acknowledge that most discussions in mediation cannot be used as evidence in future hearings or court proceedings. Confidentiality does not protect information related to criminal activity, including child abuse or neglect or the intent to physically harm another person. After the opening, the mediator asks the participants to describe the dispute from their individual perspectives. They are asked what issues need to be resolved, the order in which they should be addressed if there are multiple issues, and what ideas t
