Preparing for Mediation: A Step by Step Guide

If your case is going to mediation, it’s completely normal to feel uncertain about what to expect. Mediation can sound formal or intimidating, but in reality, it’s a structured conversation designed to help both sides find a resolution without going to court.

Mediation is a confidential process led by a mediator who is a neutral third party, usually a retired judge or experienced attorney. The mediator’s role is to guide discussions, carry messages between parties, and help explore possible paths to settlement. They don’t take sides or make rulings; their goal is simply to facilitate agreement.

What to expect on the day of mediation

Mediations are usually held in professional offices designed for the process, with each side in their own private room. Sometimes mediations are held online or one party is online. The mediator moves between rooms throughout the day, asking questions, sharing offers, and helping both parties work toward resolution.

At the start of mediation, you’ll have the opportunity to share your story and how it affected you. This is your chance to describe both the facts and the impact of the situation in your own words. It’s important to review the facts outlined in your demand letter, collect your thoughts and even practice prior to mediation so that you can convey a clear and cohesive story. 

Afterward, the other side will have a chance to share their perspective with the mediator and the mediator may convey thoughts from the opposing party. This part can sometimes be difficult to hear, but it’s a normal and necessary part of the process.

Once each side has shared their account, the mediator begins facilitating settlement discussions and offers and counteroffers will be exchanged. At Stockwell Law Firm, your attorney will advise you on the offer and whether, or how to, counter. We have most often been successful in settling cases in mediation, however, If an agreement isn’t reached, the case may continue toward litigation.

Photo by Edmond Dantès

Practical tips for the day

Here are some practical tips we tell our clients for the day of mediation.

• Dress comfortably but professionally. Business casual is appropriate, and you’ll be sitting for much of the day.
  

• Bring something to occupy your downtime. There are often stretches when the mediator is in the other room, so a book, laptop, or quiet work can be helpful.
  

• Food and drinks are usually provided. Most mediation offices offer coffee, tea, and snacks. Some offices bring in lunch, and if not, at Stockwell Law Firm we will provide lunch for our clients.
  

• Plan for a full day. While some mediations are scheduled for a half day, most often they are scheduled for a full day, and they can take the entire day. It’s best to clear your day and not schedule other commitments.

Will I see the opposing party?

One of the most common questions clients ask is whether they will see the opposing party, and possibly someone they know, during mediation. This is an understandable concern. While mediations are designed to keep parties separate, if both sides are attending in person, there is a small chance you may see someone in a common area or hallway.

If that happens, the best approach is to simply avoid interaction. We advise clients not to engage or speak with the opposing party at any point during the day. The mediator and staff will handle all communication so that you can focus on your own process and peace of mind.

Final thoughts

Mediation is one of the most effective ways to resolve employment disputes. It offers a private, lower-stress alternative to trial and gives both parties control over the outcome. While it can be an emotional day, it’s also an important opportunity to move forward and find closure. And remember, we’ll be with you every step of the way, guiding you through the process and advocating for a fair, successful resolution.