Understanding the Mediation Format: What to Expect
Mediation helps resolve disputes outside of court through in-person, virtual, or hybrid sessions. The process includes opening statements, issue identification, negotiation, and agreement drafting. Choosing the right format ensures a smoother experience.
Mediation is an increasingly popular method for resolving disputes outside of the courtroom, especially in divorce cases. It provides a structured, less adversarial way for both parties to reach agreements on key issues such as property division, child custody, and financial support. However, the format of mediation can vary depending on whether it is conducted in-person, virtually, or in a hybrid setting. Here’s what you need to know about the structure of mediation and what to expect.
1. Mediation Format: In-Person vs. Virtual
In-Person Mediation
Traditional mediation sessions take place in a neutral location, often at a mediator’s office, a law firm, or a courthouse. In this setting, there are two primary ways the mediation can be structured:
- Joint Sessions – Both parties sit in the same room with the mediator, discussing their concerns face-to-face. The mediator facilitates the conversation, ensuring both sides are heard.
- Caucus or Separate Sessions – If tensions are high, the mediator may place each party in a separate room and shuttle between them, conveying messages, offers, and counteroffers.
This format provides a structured environment for negotiation but may require in-person interactions with the other party, which can be challenging in cases with high conflict or domestic abuse concerns.
Virtual Mediation
With the rise of virtual mediation, many mediators now conduct sessions over Zoom or similar platforms. This format offers flexibility, accessibility, and can reduce the emotional strain of in-person meetings.
Here’s what to expect:
- Can the Two Parties See Each Other? – This depends on the mediator’s setup and the parties’ preferences. If both parties are comfortable, they may remain in the same virtual meeting and see each other on-screen. However, if there are concerns about tension or emotional distress, the mediator can:
- Disable participant video so the parties do not have to see one another.
- Use breakout rooms to separate the parties, allowing the mediator to move between them without direct interaction.
- Screen-Sharing for Clarity – Mediators often use the screen-sharing feature to display key documents, financial spreadsheets, or proposed agreements, ensuring that both parties understand the information being discussed.
- Private Caucuses – Similar to in-person mediation, virtual platforms allow the mediator to place each party into separate breakout rooms to facilitate one-on-one discussions without the other party present.
- Recording and Confidentiality – Most mediators do not allow recording of sessions to maintain confidentiality. Participants should check in advance what rules apply regarding privacy.
Hybrid Mediation (A Combination of In-Person and Virtual Sessions)
Some mediators use a combination of in-person and virtual formats. For example:
- Initial meetings may be held online to discuss goals and expectations.
- A key negotiation session could be held in person if necessary.
- Follow-ups and document finalization may take place via Zoom or email.
This flexible approach can accommodate both convenience and the need for more direct discussions when necessary.
2. What Happens During Mediation?
Regardless of format, mediation typically follows a structured process:
- Opening Statements – The mediator explains the ground rules, the role of mediation, and confidentiality agreements. Each party may also share their goals for the session.
- Issue Identification – The mediator helps both sides outline the key issues that need to be addressed, such as child custody, asset division, or financial arrangements.
- Negotiation & Discussion –
- In joint sessions, the mediator facilitates a discussion between both parties.
- In private caucuses, each party speaks separately with the mediator, who then shuttles between them with proposals and counteroffers.
- Drafting Agreements – Once agreements are reached, the mediator drafts a summary or memorandum of understanding (MOU), which can be reviewed by attorneys before finalizing a legal settlement.
Closure & Next Steps – The mediator outlines the next steps, which may include legal filing of the agreement or additional follow-up meetings.
3. Choosing the Right Mediation Format for Your Situation
The best mediation format depends on the level of conflict, personal comfort, and logistical factors:
In-person mediation may be best for straightforward cases where face-to-face communication is effective.
Virtual mediation offers flexibility, safety, and convenience, especially in high-conflict cases.
Hybrid mediation can be a good balance for those who need both remote and in-person discussions.
If you are preparing for mediation, ask your mediator in advance about the session format, how privacy will be managed, and whether accommodations can be made based on your needs.
In a Nutshell …
Mediation can be an effective way to resolve disputes amicably and avoid costly litigation. Whether conducted in-person or virtually, understanding the format and structure of mediation can help you feel more prepared and confident going into the process.
If you are unsure which mediation format is best for you, speak with a mediator or legal professional to determine what will work best for your situation.