What is mediation?

Mediation is a highly effective form of settlement conference in which a trained and skilled neutral (the mediator) facilitates communication, reconciliation and negotiation between the parties, in order to achieve the voluntary and mutually acceptable resolution of disputes.

How long does mediation take?

Most cases can be resolved in one full day mediation session of 6-10 hours. Many AAM members also offer half-day sessions for less complex cases.

What goes on at a mediation session?

There are two types of meeting that occur:
1) the joint session where all party representatives and their attorneys meet with the mediator and outline the basic issues and contentions of the case; and, 2) the caucus - private and confidential meetings between the mediator and each of the parties and their attorney(s).

What does it cost?

The cost varies depending upon the mediator, the complexity of the case, the amount in controversy and the number of parties. Usually the cost is from $250 to $1600 per day per party.

How well does it work?

AAM's 300+ mediators have assisted the parties in settling a substantial percentage of the reported 78,000+ cases mediated by them since 1989.

What if the mediation does not result in a settlement?

The parties lose nothing. They may still go to court to resolve their case and what they learn about their case may help the case settle later. Follow up studies show that about two thirds of the cases that did not initially settle in mediation do settle before trial.

If the parties reach a settlement, is it enforceable?

If settlement is achieved, typically the parties will sign a settlement agreement, reviewed and approved by their attorneys. This agreement is enforceable like any other contract once it is signed.

If the case is not settled, can the mediator be a witness or talk to the Judge?

No. It is AAM's policy that the mediator can neither be a witness nor talk to anyone about the case. Additionally, it is AAM's policy that neither the parties nor their attorneys may introduce into evidence what happened or did not happen during the mediation.