What is mediation? How does it work? Where do the parties meet? Can the mediator make a final decision on a case?

These are all important questions!

Mediation is an incredibly important part of the civil litigation process. Indeed, it helps bring lawsuits – and disputes that might become lawsuits – to a close.

Check out the video below to learn about the nuts and bolts of mediation! The full transcript is below.



As you learned, mediation is the process by which the parties gather together in an attempt to settle a lawsuit. Mediation is generally held at the mediator’s office, which is a neutral location. Further, after the mediator and the lawyers speak, the parties then break into separate rooms and begin to negotiate.

Importantly, the mediator cannot force the parties to settle; instead, only the parties have the power to end their dispute.

Justice Sandra Day O’Connor once said, “The courts of this country should not be the place where resolution of disputes begins. They should be the place where disputes end after alternative methods of resolving disputes have been considered and tried.” Indeed, mediation should often be tried early, even before litigation.

Barthelette Law

We hope you enjoyed reading, “What is mediation?”

In the coming weeks, we will write more about mediation and common questions parties have on mediation. Stay tuned!

If you have any questions regarding mediation or civil litigation, do not hesitate to contact us today!

Full Transcript

00:02  Music
00:08  hi I’m Greg Barthelette with Barthelette
00:10  law
00:11  and today i’d like to talk about
00:12  mediation
00:13  what exactly is mediation and how does
00:16  it work
00:17  well mediation is a process by which the
00:20  parties to a lawsuit
00:22  get together with a neutral third party
00:24  called a mediator
00:27  usually mediation is held at the
00:30  mediator’s office because this is
00:31  considered to be a neutral location
00:35  once the parties all meet at the
00:37  mediator’s office
00:38  they get together in a room
00:41  and they begin by hearing the mediator
00:43  lay the ground rules for mediation
00:46  the media will generally explain
00:48  that mediation is fully confidential
00:51  meaning nothing that’s said at mediation
00:53  can be used during the lawsuit
00:55  and will also tell the parties to keep
00:57  an open mind and be willing to consider
01:00  both the strengths and weaknesses of
01:02  their case
01:04  now after the mediator gives his or her
01:06  opening remarks the mediator will then
01:09  turn over the matter or the mediation to
01:12  the attorneys to give opening remarks
01:15  and usually this during this time the
01:18  attorneys will talk about their clients
01:20  damages or their clients defenses
01:23  now at this point in time once the
01:25  attorneys have given their opening
01:26  statements
01:27  the parties will then break away
01:30  into different rooms
01:31  and then the mediator will go back and
01:34  forth between the two rooms
01:36  relaying settlement offers
01:39  some important things to remember
01:41  a mediator will talk about again not
01:43  only the strengths but the weaknesses of
01:45  your case
01:47  so you understand not only what your
01:50  upside is to your case but what the
01:52  risks are as well additionally mediation
01:55  is not binding and mediators
01:58  are not decision makers
02:00  meaning you are not forced or required
02:03  to settle your case at mediation
02:06  if you have any questions about civil
02:08  mediation
02:09  or any other questions about the civil
02:11  litigation process
02:13  call us today