At the conclusion of the joint session, the mediator will typically caucus individually with each party. Caucuses permit the mediator and the parties to explore more fully the needs and interests underlying the stated positions. In caucuses the mediator also helps the parties begin thinking about settlement options. He or she encourages an expansive view of both the matters in dispute and the possibilities for settlement. In all cases, mediation provides an opportunity to explore a wide range of potential solutions and to address interests that may be outside the scope of the stated controversy or which could not be addressed by judicial action.
Mediation also allows the parties to participate in crafting a resolution of the dispute.
The mediation concludes when the parties reach a mutually acceptable resolution, when the parties fail to reach an agreement, or on the date the judge specified as the mediation deadline. The mediator has no power to impose a settlement and the mediation process, whether or not settlement is reached, is confidential. When a case is designated for mediation, the Circuit Executive will appoint a mediator to handle it. The mediator will contact all attorneys to fix the date and place of the first mediation session, which will be held within three weeks of the date the mediator was appointed. The Circuit Executive will provide counsel with copies of the judge's designation order, the Circuit Executive's notice of appointment of mediator and a copy of program procedures.