Mediation can be used in virtually any type of dispute where negotiation is possible. The mediation process involves the parties trying to resolve the dispute, their advisors and a neutral third party mediator.
Mediation generally works best where the parties themselves participate in the mediation sessions.
Whether or not lawyers participate depends on the nature of the dispute and the preferences of the parties. For some types of mediation, the parties attend the sessions alone and consult their lawyers between sessions and before signing a final agreement, while in others the lawyers attend and play a major role in the discussions. If the parties are ready to proceed the mediator convenes a joint session. The length and number of sessions depends on the nature of the case. During the sessions the mediator tries to encourage and moderate communication between the parties without imposing answers.