McWilliams Mediation Group

P.O. Box 6216
Denver, CO 80206
(303) 830-0171 (303) 830-8422 Fax

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Joan McWilliams, Esq.

Inside Mediation
Click on the following for more info: Why • What • How • Risks • Disputes

Mediation

What is mediation?
Mediation is an effective and empowering dispute resolution process that is used to help people reach agreements or define the terms of their personal or business relationships.

In mediation, a neutral and impartial third party (the mediator) helps participants negotiate to find solutions. Unlike a judge or arbitrator, the mediator does not have any decision-making authority. Instead, the mediator helps the parties identify the issues that are in dispute, discuss options for settlement and choose the options that satisfy each person's interests.

How does mediation work?
Mediation is usually conducted in several sessions that last two hours each. The mediation sessions are structured to help the parties reach settlement. For example, the mediator and the parties may meet together, or the mediator may see the parties in separate conference rooms if it is beneficial to avoid contact. The parties may have their attorneys present, if they choose.

In the first mediation session, the mediator makes a brief opening statement and explains the process. The mediator may also ask the participants to set "ground rules" that will make the process move more smoothly. With the assistance of the mediator, the participants identify the issues they wish to discuss and set an agenda. The mediator then helps them discuss the issues, separate the emotions, and identify options for settlement.

The agreements reached in mediation are reflected in a memorandum drafted by the mediator or an agreement drafted by the attorneys. The parties review the memorandum to see that it accurately reflects their agreements and that it is fair and equitable. It may be necessary to renegotiate certain provisions in subsequent meetings. Settlement is reached when the parties individually agree on all provisions, sign the agreement, and, if necessary, submit it to the court.