The process
How Mediation Works
No two mediations are identical, but nearly all share the same skeleton. Here is what to expect, and what the words mean.
The four steps
Confidential introductory conversation
A brief, no-obligation conversation about your situation in general terms, how mediation works, and what to expect.
Suitability and conflict review
We consider whether mediation is appropriate for the matter and whether any conflicts of interest prevent us from serving as neutrals.
Preparation and mediation sessions
Participants prepare, then meet in structured joint sessions, and, when useful, private sessions (called caucuses), guided by the mediators.
Documentation or next steps
If participants reach an understanding, its terms can be written up in their own words. If not, they leave with a clearer picture of the issues and options.
The exact process varies by matter, the number and format of sessions depend on the people and issues involved.
What the mediator does
- Structures the conversation so each person speaks fully and is heard accurately
- Helps define the real issues, often narrower than the conflict feels
- Asks questions that surface interests underneath positions
- Manages heat: pacing, breaks, and private sessions when useful
- Helps participants test options against reality
- Records agreement in the participants’ own words, if reached
What the mediator does not do
- Decide who is right, or impose any outcome
- Give legal, financial, or therapeutic advice
- Take sides, even quietly
- Force anyone to continue: participation is voluntary throughout
- Guarantee agreement: some matters need other processes, and we say so
Online sessions
Venn conducts mediations by secure video conference, which suits many matters well: participants join from separate, private spaces, and private sessions are a breakout room away. Scheduling is often easier, and distance stops being a barrier.
The vocabulary, in plain language
- Mediation
- A facilitated conversation in which an impartial professional helps people in a disagreement communicate, understand each other’s priorities, and explore resolutions they choose themselves.
- Co-mediation
- Two mediators working together on a matter: bringing complementary perspectives, added capacity for complex or multi-party disputes, and balance across communication styles. Used depending on the matter.
- Alternative dispute resolution (ADR)
- The family of processes for resolving disputes outside court: including mediation, arbitration, and structured negotiation. Mediation is the least formal: no one decides anything except the participants.
- Facilitation
- A neutral professional structuring a group conversation, agenda, ground rules, fairness, without taking a side or a stake in the outcome.
- Ombuds
- A designated neutral appointed by an organization so its people have an independent, impartial, informal, and confidential place to raise concerns.
- Private session (caucus)
- A confidential meeting between the mediator and one participant during a mediation: space to speak candidly, test options, or regroup.
- Memorandum of understanding (MOU)
- A plain-language written summary of what participants agreed, in their own words. Typically reviewed by each participant’s independent advisors before anything becomes binding.
Still have questions? The FAQ covers cost, confidentiality, attorneys, and more.
You do not need to have everything figured out.
A confidential introductory conversation can help determine whether mediation is an appropriate next step, with no obligation to continue.