THE MEDIATION PROCESS

Mediation is an assisted negotiation process.  Negotiations are carried on between the disputing parties with the help of a neutral third party (the mediator).  The mediator assists the parties in reaching a voluntary settlement of their dispute.

Unlike a judge or an arbitrator, the mediator has no power to render a decision or force a settlement.  The parties maintain control over the process and whether or not to settle their dispute.

Mediation brings the parties to the bargaining table and is intended to help the participants better understand the other side's views.  It also provides a "day in court" to the extent the parties have the opportunity to speak and to be heard. Mediation gives them the opportunity to tell their side of the story.  The mediator assists the parties in exploring strengths, weaknesses, risks, rewards, potential outcomes and other factors that may have a bearing on settlement.

A typical mediation begins with a joint session where all the parties sit down together in a conference room.  The mediator will make some introductory remarks and give an explanation of what to expect during the mediation.  After the introductory remarks, each side will be given the opportunity to make a presentation explaining their side of the case. These presentations are generally in the form of an informal opening statement.

After the joint session, the mediator usually meets with each side privately.  These separate meetings, called caucuses, are confidential and are designed to allow the parties to speak openly and freely about their case. Typically, the mediator will have a number of these private sessions with each party.

During these caucuses, the mediator will confidentially explore possible settlement options with each side and attempt to determine where the case might settle.  This allows a party to reveal his or her true settlement position without disclosing it to the other side.

In the private meetings, each party may give the mediator a settlement position that is to remain confidential unless it will produce a settlement.  By going back and forth with the parties, the mediator is often successful in finding common ground.  With the information gathered in these caucuses, the mediator works behind the scenes to develop a settlement that is acceptable to all sides.

Typically, if an agreement is reached, the lawyers representing the parties will draft and sign a Memorandum of Understanding, that outlines the general terms of the settlement.  Following the mediation, the parties will enter into a detailed release and settlement agreement.

Mediation locations available throughout Massachusetts

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Campo Mediation, LLC is a dispute resolution firm. The firm does not provide legal advice or legal representation. The materials contained on this website are for informational purposes only and are not to be considered legal advise. Parties should always consult with a lawyer or other appropriate professional when making decisions that may affect their rights.

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