Conflict Resolution Services FAQ

Parties meet with the mediator and issues are discussed with an eye toward mutual agreements on resolving the issue(s).  Mediations will either be held with all parties in the same room or in separate spaces. Sometimes mediations begin together and then the mediator moves to meeting with each party separately.

It means that whatever you say in mediation (whether it is when you and the mediator are talking alone, or when you and the other party are talking with the mediator), will not be repeated outside the mediation by the mediator or any party present. If the mediation is not successful and you go to court or another legal proceeding, the mediator cannot be subpoenaed or required to testify in court, nor can records or paperwork from the mediator be used in the court proceeding.

Parties are encouraged not to share information discussed during mediation outside of the mediation, and bringing up these details in front of a judge is frowned upon.  The confidential space of mediation allows greater transparency during the mediation from all parties and increases the chances of reaching a mutually acceptable resolution.

This means that both parties must agree to mediate. If one party does not want to participate, then the mediation cannot occur. Either party may end the mediation at any time, for any reason.

The mediator also reserves the right to withdraw or terminate the mediation if they determine, in their sole discretion, that the parties have reached an impasse, that the problem-solving process has stalled, or that the issues cannot be resolved in mediation. Because mediation itself and any agreement resolving your dispute is voluntary, the mediator cannot and does not guarantee that an agreement will be reached or that the dispute will be resolved in mediation.