Mediation Process

Mediation is a process in which a neutral (the mediator) assists parties with negotiations to resolve their dispute.

Jerry Diekemper uses a caucus-style mediation process which generally begins with a joint caucus in which the mediator makes opening remarks and establishes ground rules for the negotiation. Each party, in turn, usually starting with the party asserting a claim, then has an opportunity to make an opening statement explaining the party's position. After possible follow-up by the mediator, the parties are separated. In private caucus with the parties, the mediator discusses the details of the dispute, the positions and interests of the parties, and assists the parties in generating proposals for the resolution of the dispute.

The mediator generally asks the parties to share and discuss boilerplate settlement documents before the mediation and assists the parties in documenting any agreement reached at the mediation, usually with a full and final settlement agreement and release. In the event an agreement is not obtained, the mediator continues to follow-up with the parties "until the last gavel falls" in an effort to assist the parties to reach their own negotiated resolution.