What happens during a mediation session?
Mediation sessions at Liang Mediation & Consulting are scheduled for four (4) hours. If parties are represented by attorneys, counsel must attend and remain present during the entire mediation session unless otherwise agreed. Attendance is limited to the parties and their attorneys. Decision makers with full authority to settle the dispute must be present.
Mediation begins with a joint session attended by the mediator, the parties, and their attorneys (if any). During this session, the mediator works with the parties to develop an agenda organized by issue. Once the agenda is finalized, the parties move into separate breakout rooms. The mediator will then meet privately with each party and move between breakout rooms, as needed. Depending on the outcome of the mediation, the parties may or may not reconvene in a joint session.
At the conclusion of a mediation session, one of three outcomes may occur:
Full settlement - all issues are resolved;
Partial settlement - some issues are resolved, while other issues remain; or
No settlement.
No particular outcome is guaranteed. Results depend on a variety of factors, including the complexity of the issues and the willingness of the parties to compromise. A mediation that does not result in settlement should not be viewed as unsuccessful or a waste of time. A productive, facilitated conversation often sets the stage for future cooperation and collaboration.
It is important to remember that mediation is about finding common ground, not winning. Identifying which issues matter most to you and listening with an open mind can help keep discussions focused and productive, and can greatly improve the outcome. Flexibility and patience are essential.
Although not typically part of the mediation process, the mediator may suggest that parties consult with other professionals, such as financial advisors or mental health professionals, when appropriate.
