Frequently Asked Questions

Mediation is a facilitated conversation between two or more people who want to resolve a disagreement or make a decision together, guided by a trained, impartial professional. It is typically private and voluntary, and it aims at outcomes the participants choose themselves, rather than outcomes imposed by a judge or arbitrator.

A mediator structures the conversation: making sure each person can speak and be heard, helping define the real issues, asking questions that surface interests underneath positions, and helping participants explore options. Mediators assist the discussion rather than direct it, and they remain impartial throughout.

No. Mediators do not judge, decide, or impose outcomes. Whether and how a matter resolves is entirely up to the participants. This principle, self-determination, is at the core of mediation practice.

Mediation is designed to be a private process, and confidentiality is one of its central features. The exact scope of confidentiality depends on the terms of the engagement and applicable law, and there can be limits and exceptions. Those terms are set out clearly before mediation begins, so everyone knows where they stand.

Yes, participation at Venn is voluntary, and any participant may pause or leave the process. Voluntariness is part of why mediated agreements tend to hold. People keep commitments they chose. (Some courts refer or order parties to attempt mediation; even then, no one can be forced to agree to anything.)

You do not need an attorney to participate in mediation. That said, mediators do not give legal advice, and independent legal advice is often valuable, particularly before signing anything binding. Many participants consult attorneys between sessions or have counsel review a mediated agreement.

Yes, if the participants agree. In commercial matters, counsel commonly attend. In family and couples matters, practice varies, some participants bring counsel, others consult them outside the sessions. What matters is that the arrangement is clear to everyone in advance.

You keep all the options you had before: including negotiation, formal proceedings, or simply time. Mediation is generally conducted so that the discussion cannot be used against participants later, subject to the engagement's terms and applicable law. Even without full agreement, participants often leave with narrowed issues and a clearer understanding.

It varies with the matter and the people. Some disputes resolve in a single session; family or complex commercial matters often take a series of sessions over weeks or months. The pace is set by the participants, an introductory conversation can give you a realistic estimate for your situation.

Venn charges an hourly rate, with payment due at the end of each session. A preliminary consultation is free when both parties attend. There is a cost for an individual consultation, but if your mediation begins within one month of that consultation, the cost is applied toward your first session. Please contact the office for current rates.

Yes. Venn conducts mediations by secure video conference, which works well for many matters and makes scheduling easier when participants are in different places. Venn is based in New York and is experienced in online mediation, working with participants wherever they are.

Co-mediation means two mediators work together on a matter. Depending on the nature of the dispute, Venn may use a co-mediation model: bringing complementary professional perspectives, added capacity for complex or multi-party matters, and sensitivity to different communication styles. Whether co-mediation suits your matter is discussed during intake.

An ombuds is a designated neutral appointed by an organization so its people have an independent, impartial, informal, and confidential place to raise concerns and think through options. An ombuds does not investigate or adjudicate; it complements formal channels. Venn provides organizational and conference ombuds services.

Power differences, between an employer and employee, or within a family, deserve honest attention. Mediation's structure can help level a conversation, and mediators actively manage the process so each participant can speak freely, including through private sessions. But mediation is not right for every situation: where safety is at risk or a participant cannot advocate for themselves, we may recommend other avenues. Raise any concern about imbalance in the introductory conversation.

That is the most common starting point: one person reaches out first. You do not need the other participant's agreement to have an introductory conversation with us. If mediation looks appropriate, we can discuss how the other person might be invited; in many cases, an explanation of the process from a neutral practice is received differently than a suggestion from the other side of the dispute. Whether they participate remains their choice.

Reach out by phone or email for a confidential introductory conversation. We will listen to the situation in general terms, explain how the process would work for your matter, and, if mediation is appropriate, discuss how the other participant(s) might be invited. You do not need to have everything figured out first.