Typically, the parties sign a mediation agreement, and they meet with the mediator/s to conduct a series of discussions.  Each party is encouraged to hire their own lawyers to review the final agreement, as the mediator/s role as an attorney changes from advocate to that of neutral facilitator.  The mediator has no agenda in mediation, other than helping the parties to deal directly with each other, and to ensure that all decisions that are made are fair and sensible for everyone concerned.

 

The key to a successful mediation is the willingness of each party to listen to the other party or parties, and to understand their different perspectives and concerns.  No one "wins" in mediation.  The goal is to reach an agreement that is based on fully informed decisions.  This may involve hiring outside experts such as financial consultants, appraisers etc.

 

It takes a certain amount of courage for parties to come together to mediate their disputes, and the process may yield important rewards beyond the results of a written agreement.