How does Mediation work?

Mediation sessions are generally rather flexible by nature. The object is not to be to tightly bound to a rigid, formal structure, which can frequently turn such negotiations adversarial.

Generally, a mediation session occurs with all parties to the dispute and the mediator siting down together in a quiet, comfortable place, and discussing the dispute. The mediator serves as the facilitator, ensuring each party has a chance to tell their story without interruption. The meditor works all the while to defuse the situation, helping the disputants de-emphasize the emotional issues surrounding the dispute, and establishing the basis for an eventual solution.

During the session, the mediator may talk privately with the parties to the dispute, if there are issues the individual wishes to discuss but which they are not comfortable sharing with the other parties to the dispute. This may occur at the request of the party wishing to discuss a matter, or at the request of the mediator if they judge it to be conducive to producing a solution.

Rules of evidence as practiced in litigation do not apply to mediation, as a mediator is not charged with establishing guilt or innocence, or even necessarily the facts of the case. The mediator does not decide who is right or wrong, nor does the mediator decide on a winner or loser, nor do they issue a judgement or punishment. The mediator is there to serve as a facilitator and referree; not to pass judgement.