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30-minute consultation
One of the key objectives of any mediator is to be fair and impartial. Therefore, all parties involved in the conflict must attend the initial free consultation so that everyone is present from the start. If not all parties are present, the consultation will not be able to proceed.
Here’s what you should expect during the meeting:
Purpose of the Initial Consultation
Orientation, not negotiation:
The session is designed to explain the mediation process and assess whether it’s a good fit, not to begin resolving the dispute.
Information exchange:
All parties learn about what mediation is, how it works, and what to expect before committing to a full session.Voluntary participation:
Either party can decide after the consultation whether they wish to proceed; there is no obligation.
What the Mediator Will Cover
Mediator’s Role and Ethics
The mediator is a neutral third party, not a judge, lawyer, or advocate for either side.
Confidentiality rules, impartiality standards, and conflict-of-interest checks are explained.
Parties will learn that the mediator cannot give legal advice.
Overview of the Mediation Process
How the process flows: introduction → information sharing → issue clarification → negotiation → agreement drafting.
Typical session length, number of sessions, and general timelines.
Expected behaviors: respect, patience, and adherence to ground rules.
Distinction Between Mediation and Other Processes
Mediation vs. arbitration vs. litigation.
Control of outcome remains with the parties, not imposed by a court or arbitrator.
Logistics
Format (in-person, online, hybrid).
Session duration and scheduling flexibility.
Cost structure for future sessions (hourly or per-session rate).
Required documentation or preparation before mediation begins.
What the Mediator Will Ask the Parties
Brief, high-level overview of the nature of the dispute (without getting into positional detail).
What each party hopes to achieve through mediation.
Any logistical or accessibility considerations.
Comfort level with mediation and prior experience (if any).
Confidentiality and Ground Rules
Discussion during the consultation is private and off the record.
No information shared will be disclosed to outside parties or used later in mediation sessions.
The mediator may ask permission to take brief administrative notes (not content notes).
What the Parties Should Expect to Leave With
A clear understanding of:
The mediator’s role and ethical boundaries.
The structure, costs, and expectations of mediation.
The next steps to initiate a formal mediation session.
A sense of whether the mediator’s style and process are a good fit.
A written or emailed summary of the mediation process and next-step instructions.
Common Misconceptions to Clarify
The mediator will not decide who is right or wrong.
The consultation is not the place to argue the case; it’s about deciding whether to proceed.
Parties are not required to sign anything or make commitments at this stage.