Will the opposing party and I be present in the same room during mediation?

No, you and your counsel (if applicable) will be in a separate room from the opposing party and the opposing counsel. The mediator will go from room to room to assist in facilitating an agreement.

Can I bring witnesses and evidence to mediation?

Mediation is not court. Neither party will be presenting evidence or having witnesses testify. Although it is not uncommon for some exchange of documents to occur during mediation to assist with settlement, there will be no witness testimony.

If I make an offer of settlement at mediation, can it be used against me in court if we do not settle?

No, mediation is confidential. Neither party can offer evidence about what occurred during mediation at trial. Further, the mediator cannot be compelled to testify regarding the mediation.

Do I have to dress up for mediation?

No. Mediation is not court. I encourage all parties to dress comfortably as it is common for mediation to take a full day. That said, please use common sense and make sure you are appropriately covered.

Will the mediator decide my case?

No. Settlement is only reached at mediation if both parties voluntarily agree. The mediator does not have authority to decide the case, and no party will be forced into any agreement.

Can I bring a family member or friend with me to mediation?

Mediation is limited to the parties and their respective attorneys. Any additional persons attending mediation will need to be agreed upon in advance by the parties and/or their respective attorneys.

Will the mediator be able to tell me if I am getting a “good deal?”

The mediator is not permitted to provide legal advice to either party. We strongly recommend parties obtain counsel to attend mediation with them.

What if I sign a mediated agreement, and then I change my mind?

A mediated settlement agreement is binding. Parties are encouraged not to sign an agreement unless they are completely certain they agree, and only after they have read the agreement closely.

Will the mediator tell the opposing party what we discuss?

Mediation is confidential. The mediator will only disclose information discussed in confidence if she is provided with express permission to do so.

Learn more about mediation here.