Understanding the Mediation Process: Step by Step

If you’re considering mediation to resolve a dispute, you may be wondering what the process actually looks like. Mediation is often described as informal and flexible — but there is a structure to it, and knowing what to expect can help you feel more confident and prepared.

At Harborside Mediation, I guide parties through this process every day, whether they are business partners, employers and employees, or parties in civil litigation. Here’s a closer look at what typically happens in a mediation session.

1. Agreement to Mediate

Before mediation begins, the parties agree to use mediation as a method of resolution. This might be voluntary or required by a court. Once selected, the mediator (that’s me) will provide an agreement that outlines the rules: confidentiality, the voluntary nature of the process, and the mediator’s role as a neutral.

2. Pre-Mediation Preparation

Good preparation often makes the difference between success and failure.
Before the session:

• Parties may submit short statements summarizing the dispute and their goals.

• Attorneys can brief the mediator (confidentially, if needed) about sensitive issues.

• I may schedule pre-mediation calls to understand the dynamics and set expectations.

This step ensures that when we get to the table, everyone is focused and ready to work.

3. Opening Session

The mediation session usually begins with a joint meeting:

• I explain the process and set the ground rules.

• Each side has a chance to present their perspective.

• The goal is to clarify issues and set the tone for constructive dialogue.

In some cases — especially where emotions are high — we may skip the joint session and begin with separate meetings, also called caucuses.

4. Private Caucuses

Much of the real progress in mediation happens in private, confidential meetings between the mediator and each party:

• I shuttle between rooms (or virtual breakout rooms), listening, testing ideas, and conveying offers.

• These caucuses allow parties to speak candidly, explore options, and adjust positions without fear of showing weakness.

This is where creative solutions often emerge — solutions that courts simply can’t provide.

5. Negotiation and Movement

As discussions continue, offers and counteroffers are exchanged. My role is to:

• Keep the conversation moving.

• Help parties evaluate risks and benefits.

• Encourage realistic thinking and avoid impasse.

Patience and persistence are key. Even when talks seem stuck, mediation often finds a path forward.

6. Resolution or Next Steps

If the parties reach an agreement:

• Terms are summarized in writing before leaving the session.

• Attorneys may draft a formal settlement agreement afterward.

If no agreement is reached, the mediation can still be valuable:

• Narrowing the issues.

• Improving communication.

• Setting the stage for resolution later.

Why the Process Works

Mediation succeeds because it’s private, flexible, and guided by a neutral professional who helps parties see the bigger picture. At Harborside Mediation, I bring over 25 years of dispute resolution experience to the table, with a practical, no-nonsense approach focused on getting results — not just talking about them.

If you’re considering mediation, understanding the process is the first step. The next step? Choosing a mediator who knows how to guide you through it.

Ready to get started?
📩 Contact me at steven@harborsidemediation.com or visit www.harborsidemediation.com to schedule a session.