Now Hiring Experienced Attorneys

Call Now

Call Now

Call Now

Blog

Mediation - How Does it Work

Mediation: How Does it Work?

A recent blog addressed tips for mediation. But, how does mediation work1? Prior to trial, the parties in a matter may be ordered or agree to mediate the issues (this can be some or all issues) pending. A mediator can be agreed upon by the parties or may be appointed by the Court. Often, the timing for mediation is after discovery (information gathering) has been significantly begun or completed.

Different mediators have different styles and tactics. Some have the parties in a single room together. Others keep the parties in separate rooms and go back and forth. During mediation, the parties essentially use a neutral third party to negotiate. The parties generally start with an initial offer and work from there to see if a resolution can be made.

But, how does the mediator get up to speed on the pending issues? The parties can submit a confidential mediation statement prior to mediation. In this statement, the party can include information on the background on the parties and case, what filings or issues are pending, and the position of the party. This statement is not shared with the opposing party, but helps lay a foundation for the mediation. The opposing party may also submit a mediation statement providing their views and requests, as well.

In mediation, one or all issues may be resolved. For example, in a divorce matter, the property division may be mediated and resolved, leaving child custody and support for hearing if same cannot be resolved. Once mediation has been completed, the mediator files a report with the Court which states whether or not mediation was successful.

If mediation is successful, a written agreement signed by the parties and the attorneys is submitted to the Court. Upon review, if the Court agrees, they can sign the mediated agreement and make it an Order. Once a mediation agreement is entered into a signed, it is a binding agreement, just like any Court Order.

If a mediation is unsuccessful, the mediation will file a report that same was unsuccessful. The parties may continue to work out the pending issues, or can go to Court on pending issues. The mediator does not give legal advice to either party, but instead, acts as a go between to try to resolve pending matters prior to trial or reach a middle ground agreeable to both parties.

Mediation can be a helpful tool and may potentially avoid some matters being litigated if an agreement is reached. Knowing the options of mediation and how it may work in a case can be helpful in case planning. We hope that this blog post has been informative on how mediation works generally. Ciyou & Dixon, P.C. practices throughout the state of Indiana. This blog post was written by attorney, Jessica Keyes.


  1. See generally, Rules for Alternative Dispute Resolution
Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on email
Email

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Related Videos

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Copyright © 2021 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.