What happens at a mediation?

Jean M. Dwyer is a Certified Circuit Court Mediator

What happens at a mediation?

‘What happens at a mediation? | Jean M. Dwyer | http://jeandwyer.com/ | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176


At a mediation, the mediator will typically start with the parties either together or in separate rooms. This gives the mediator an opportunity to find out the facts about the case, to meet the parties, and to find out what each party’s goal is. After that, one of the parties will start with the first offer. The mediator then will relay the offer back and forth between the parties. While the mediator is in the room with each party, the mediator along with their attorney, if they have an attorney, will evaluate that offer and will then comprise a counteroffer with the assistance of the parties that they want to relay back to the other room.


At that point, the mediator goes back and forth and sees if they can reach a resolution. What happens during mediation the offers that go back and forth remain confidential. That gives the parties an opportunity to freely negotiate without the concern that either party will raise their offers to the court and the judge will know what each party is willing to offer.


At the conclusion of mediation, if there is an agreement that is reached, the mediator will assist in drafting that agreement for all parties to sign. If an agreement is not reached, then the mediator will file a report with the court letting the court know that there was non-agreement, and then the court will take appropriate action whether setting the case for hearing or trial.