What actually happens in a mediation session

Before the session

Each side sends a short confidential statement: what the dispute is about, what has already been tried, what documents matter and what an acceptable resolution would look like. This is not a brief and does not need to be written by a lawyer.

I review the materials, identify the factual and legal pressure points, and design an agenda for the session. Sessions are held by Zoom, so parties in different cities or countries can attend without travel.

Opening and joint discussion

The session begins with ground rules — confidentiality, no interruptions, and the understanding that nothing is binding until it is written and signed. Each party then explains the dispute in their own words. This step matters more than people expect: many disputes persist because no one has ever listened to the other side without arguing back.

Private caucus

The parties move to separate breakout rooms. In private, I test each side's assessment of its own case: what happens if this goes to hearing, what the realistic range of outcomes is, what the cost of continuing will be. Nothing shared in caucus is repeated to the other side without permission.

Negotiation and the written terms

Offers move back and forth, usually narrowing quickly once both sides have tested their positions. When agreement is reached, we draft the terms in the room so no one leaves with a different understanding of what was agreed. The final agreement is produced in English, even where the session was conducted in Spanish, Russian or French.