Mediation meeting are an opportunity for disputing parties to discuss their dispute in a private setting with the help of an impartial person. They can take place via videoconference or teleconference, but most are conducted in person. They are generally less formal than a court hearing and can be more productive. A mediator helps the parties reach a mutually acceptable solution to their dispute without having to resort to litigation. Mediation meetings usually last for half a day, but can also be longer.
The process begins with the Center arranging for the mediation to be held in a location convenient to both parties, typically at an attorney’s office in the area of the dispute. Often, the mediator will be an experienced local attorney who has handled similar disputes in the past and is familiar with the issues involved. The Center will send out a list of available dates for the mediation and the parties will select a date to meet.
Once the date is set, both parties and their attorneys are scheduled for an open discussion of the various issues in the dispute with the mediator. The mediator will help the parties identify the key areas of disagreement and will encourage both sides to think about ways in which a resolution might be reached.
After the open discussions, the mediator will usually hold what are called caucuses, where he or she talks with each party separately about the issues in the dispute. The information revealed in these sessions is confidential unless the party agrees to disclose it. The mediator may then return to a joint session to see if there are any areas of agreement between the parties.
If there are no areas of agreement, the mediator will likely recommend that both sides take time to review their positions, consider other possible options and return to the mediation in a few weeks with a proposal for settlement. The mediator will assist the parties in drafting a settlement agreement that will be signed at the end of the mediation meeting.
It is important for the parties to be prepared for their mediation session. The parties should have considered their positions on the key issues in the dispute and be prepared to articulate them in a clear manner. They should have also formulated a list of possible solutions to the dispute. Having these in advance can help the parties focus their mediation session and help prevent wasting time. It is a good idea for the parties to be accompanied by their legal or business counsel at the mediation.
It is also important for the parties to enter the mediation in good faith, which means communicating and having discussions honestly and fairly with the genuine aim of reaching an agreed-upon outcome. It is also a good idea to have an interpreter attend the mediation if necessary. The VSBC will usually arrange for one free of charge. It is also a good idea to be on time for the mediation session.