The Mediation

Process

Steps in the Mediation Process

Understanding the mediation process can help you better appreciate the role and importance of confidentiality. Here’s a step-by-step overview:

Agreement to Mediate

Both parties agree to mediate and select a mediator. This agreement typically includes a confidentiality clause.

Initial Meeting

The mediator meets with both parties or party representatives to explain the process and rules, including the confidentiality provisions.

Information Exchange

Parties exchange information relevant to the dispute. Since this information is confidential, it encourages openness.

Negotiation

The mediator facilitates negotiations between the parties, helping them explore solutions. All discussions remain confidential.

Settlement or Impasse

If a settlement is reached, the terms are documented, usually including a confidentiality agreement. If no settlement is reached, the case may proceed to litigation, but the mediation communications remain confidential.