Frequently Asked Questions

 Mediation is an alternative dispute resolution (ADR) process that can be used to resolve problems between individuals or groups. In this process, an impartial person referred to as a mediator helps facilitate communication between people. During the session, the mediator helps those involved discuss the problem, identify the real issues, and explore options to create a voluntary, mutually acceptable solution. 

• All participants must agree to mediate.
• Prior to mediation, if any person does not want to mediate, they have the choice to opt out.
• During mediation, if any person does not want to continue, they may end the mediation at any time and for any reason.

 Yes, facilitative mediation is a voluntary process. The two parties agree to meeting when scheduling a mediation. Pre-trial mediation (also called a settlement conference) may be required as part of a court proceeding. 

We schedule mediation sessions for a 2-hour block of time either in-person in a safe, neutral place or online at a time that works for both you and the other involved people, whether that is during normal business hours, evenings, or weekends. During this time you will have the opportunity for breaks. Some mediations may not take the entire 2-hour period. 

Mediation is confidential, especially when compared to court processes which are public record. Confidentiality means that nothing said or disclosed in the mediation can be used against any party outside the mediation (with some legally required exceptions such as child abuse). 

Mediators are bound by confidentiality agreements and generally cannot be subpoenaed or required to testify about the substance of a mediation session. The confidential nature of the mediation process creates a safe place for participants to talk and make offers they might not otherwise be comfortable making.

 In both mediation and arbitration, the people involved take their situation to a third party. In arbitration, communication goes from the people involved to the arbitrator, and the arbitrator decides what should happen. In mediation, the people involved talk with the mediator AND each other. The mediator does not decide what should happen, but assists the people involved in deciding on a solution that is acceptable to both parties.

In both mediation and counseling, people have a chance to be heard in a safe, confidential atmosphere. In counseling, that space is used to explore personal issues and deep-rooted or ongoing situations. Some people find counseling to be useful for several sessions, even years. In mediation, the same secure space is used in conjunction with another person to explore a particular situation for which both people want to find a solution. Most people need only one session to work things out; some people find a second is useful. 

 The process is led by impartial mediators with a goal to come to an agreement that satisfies everyone. The mediators are there to guide you through the mediation process in a safe place without bias. 

 The mediator does not side with any participant. Instead, the mediator creates an atmosphere where participants are encouraged to explain circumstances from their perspective and to learn about the perspectives of others involved. The focus of mediation or facilitated decision-making is on active problem-solving by all participating.

Restorative and Mediation Practice mediators do not offer legal advice or other opinions. Instead, the mediators allow participants to determine the outcome of their discussion. The focus of mediation or facilitated decision-making is on active problem-solving by all participating.

Mediators will meet with participants jointly unless circumstances dictate separating the participants to ensure their safety or to improve their communication.

Mediation helps all kinds of people. Landlords, tenants, neighbors, family members, parents, teens, housemates, home owners, coworkers, employers, organization members, contractors, business partners, service providers, customers, and friends have all benefitted from mediation. As long as:

1. You are willing to participate in a mediation process with the other party
2. You can advocate for yourself (mediators are not advocates)
3. You are up for some give and take–that is to say, that participating is worthwhile 
even if you don’t get the exact result you are looking for
4. You are willing to follow through on the resulting agreement
then you are a fine candidate for mediation.

 For facilitative mediation, an attorney or support person may attend, but that person is not involved in the mediation dialog. During breaks you are able to speak with your support person. The only circumstance where an attorney is present and may participate in dialog is when you are participating in a pre-trial (settlement conference) mediation. 

Mediation works because the parties involved feel that they have been heard. They leave the mediation knowing that their concerns and needs have been met and addressed through the settlement agreement reached. The agreement was created entirely by the parties involved and was not imposed by others so it’s much more likely to last. 

Even if you are unable to reach an agreement on all of the issues involved in the conflict, you may be able to reach a partial, temporary or trial agreement or set the state for future negotiations. Parties often report that the mediation process helped them clarify and better understand the issues involved whether an agreement was reached or not. If parties to a mediation can not reach an agreement, they can always use other methods to find a solution to the impasse.

If you are interested in becoming a mediator, you may contact our Office for information about upcoming Basic mediation training. You may also obtain information from Community Mediation Minnesota.