Depending upon the number of disputed issues and the willingness of the parties to compromise their differences, mediation can be as short as one or two sessions or may take a number of sessions lasting a month or more. An experienced mediator can usuall y tell after one or two sessions whether there is a reasonable likelihood of resolving all or some of the issues. As a general rule, the parties meet with the mediator without the lawyers being present. Mediation is not the same as binding arbitration. Arbitration is a form of alternative dispute resolution where the parties agree to be bound by the arbitrator's final decision.
Mediation is a process of working toward a common understanding and ag reement.
Usually, if the parties agree to mediation, there is a stipulation that anything said or used in the mediation process cannot be used in court if the mediation process fails to produce an agreement. The final outcome of mediation is a written agreement. The mediator will produce an outline of the agreement which the parties have reached through mediation. This agreement will be given to each of the parties' lawyers. The lawyers then prepare a comp rehensive written agreement which covers the issues agreed upon through mediation and other details.