By agreeing to participate in a mediation, a litigant can take an important step toward resolving a dispute. The goal of the mediation is to reach an agreement that all participants find reasonable and in their best interests.

What happens in a mediation session? Each party gets a chance to talk about its situation without interruption, sometimes in the presence of the other party and sometimes with only the mediator present. There may be an open discussion with all parties present. The mediator is there to help the parties decide what the important issues are. If an agreement is reached, a written agreement will be drafted and each party will sign the agreement.

How much time will it take? Each mediation is different. Counsel for the parties will advise the mediator how much time they would like to take to attempt to reach an agreement.

Is this meeting confidential? Yes. The mediator will keep confidential everything you say during the mediation. At the beginning of the mediation, you will be asked to sign an agreement to keep matters discussed in the mediation confidential. It will explain that the mediator will keep confidential matters discussed at the mediation , even from the courts.

Who will be present? The mediator will run the session. Counsel should advise the parties who will be present. Normally, each party to the mediation is present and each party usually is represented by an attorney. In addition, the parties may bring with them those persons who have special knowledge of the facts relevant to the dispute.

Disclaimer: The foregoing is not intended as legal advice. The facts and circumstances of any case requires the review of an attorney familiar with real estate and/or construction law. Before taking any action, please consult with your counsel.