A mediation is an informal legal proceeding that is facilitated by a mediator, a neutral third party. The mediator’s sole goal is to help both sides of a dispute reach a mutually agreed upon settlement. The mediator will not tell you what to do, will not act as a judge, and has no authority to decide your case.
The parties will generally start out together in one room to talk about and identify the issues involved. Many times, the parties (and their attorneys, if they are present) then will separate out into private rooms. There they will caucus, brainstorm, and speak freely about their interests with the mediator.
The mediator will go from each private room to the other, attempting to relay the perspective of the other side as well as carry offers and counter-offers between the parties. If a settlement is reached, the terms will be reduced to writing and signed. If a settlement is not reached on all issues, the case proceeds to trial.