How Does Mediation Work?

Mediator with Offices in Arlington Heights and Lombard

Mediation is a method of dispute resolution whereby a neutral, third-party mediator assists parties in reaching a settlement. The process is non-binding, meaning participants are under no obligation to resolve their case. At any time, participants are free to end the process and pursue other legal avenues.

The mediation sessions are held at a mutually agreeable location. Participants can come to the sessions alone, or they can have their attorneys with them. In some cases, other experts may be present at the sessions to address certain issues. The use of outside specialists is usually agreed upon by both participants in advance. Participants may also be allowed to bring along their children and/or other family members or friends for moral support, but they are usually asked to wait outside.

Mediation sessions can be conducted in one room, or participants can be in separate rooms, with the mediator going back and forth between them. The latter type is commonly referred to as "caucusing" or "shuttle mediation." If there is a high probability of conflict and/or one participant fears being in the same room as the other, the mediator may recommend keeping the participants separated.

Mediation sessions typically last about an hour, though they can go longer depending on the circumstances. Some legal issues can be resolved in just a couple of sessions, others may take several. The length of time the process takes depends on the complexity of the case, the issues that need to be resolved, the mindset of the participants, and other factors specific to the case.

To learn more about how mediation works and if it is right for you, contact our office today at 847-749-4337.