Mediation FAQ

Clear answers before the conversation begins.

Understand the mediator’s role, the structure of the process, and what participants can expect.

01What is ADR?+

ADR stands for Alternative Dispute Resolution. It refers to ways of resolving disputes outside traditional courtroom litigation. Common forms include mediation, arbitration, negotiation, and facilitated settlement discussions. ADR can be more private, flexible, efficient, and collaborative than going to court.

02What is mediation?+

Mediation is a confidential process where a neutral mediator helps participants communicate, clarify issues, explore options, and work toward a mutually acceptable resolution. The mediator does not decide the outcome. The participants remain in control of whether to agree.

03How does mediation work?+

Mediation usually begins with an introduction to the process and an opportunity for each participant to explain what matters. The mediator may meet with everyone together and, when appropriate, separately in private sessions. The discussion focuses on interests, concerns, risks, and possible resolution options.

04What mediation is not+

Mediation is not a trial, therapy, legal representation, or a process where the mediator makes a decision for the participants. The mediator does not provide legal advice, determine fault, force agreement, or impose an outcome.

05How is arbitration different from mediation?+

In mediation, participants remain in control of the outcome. In arbitration, an arbitrator hears information from the parties and may issue a decision. Arbitration is generally more formal and can feel closer to a private hearing, while mediation focuses on facilitated negotiation.

06Is mediation confidential?+

Mediation is generally confidential, subject to applicable law, court rules, and the mediation agreement. Confidentiality encourages candid discussion and practical problem-solving. The specific rules are explained before the session.

07Do I need an attorney?+

An attorney is not always required, but independent legal advice can be helpful when legal rights, financial obligations, contracts, claims, or court proceedings are involved. The mediator does not represent either participant and cannot provide legal advice.

08What if we do not reach an agreement?+

Participants may still leave mediation with greater clarity about the issues, interests, risks, and possible next steps. They may continue negotiating, schedule another session, proceed with litigation or arbitration, or explore another resolution pathway.

09Can mediation take place online?+

Yes. Secure online mediation can be effective and convenient, especially when participants, counsel, insurers, or decision-makers are in different locations. Technology and privacy expectations are confirmed before the session.

10Can one participant contact the mediator directly?+

Initial scheduling and administrative contact is common, but substantive private communications may need to be disclosed or handled according to the mediation agreement and applicable rules. When in doubt, include all representatives or ask how to proceed.

11Are the U.S. and U.K. services the same?+

They share the same neutral, structured approach, but credentials, terminology, time-zone coordination, and jurisdiction-specific requirements are stated separately. Family mediation is currently offered only for appropriate U.S. matters and is not currently offered in the United Kingdom. Cross-border matters can be planned through one coordinated process.

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