If you have already begun litigation, you can talk to your attorney about working with a mediation professional. I cannot tell you how many opposing parties are happily surprised when they first realize that mediation is working to get them talking and moving toward resolution.
Even if mediation is unable to resolve all the issues in your dispute, everything said by you and the opposing party is confidential and cannot be used later in court to hurt your case. This reason alone, should put any fears to rest about whether the "magic" of mediation is worth a try.
So, What's the process?
I'm glad you asked.
Before you make any decisions about mediation, I will meet with you for one hour to explain, at no fee to you, my mediation method. I have been so successful at guiding the parties toward issue resolution and I want you to feel absolutely comfortable and confident that I am the right mediator for you.
At that time, you will have an opportunity to briefly go over the issues in your case along with any immediate concerns you may have. I will also hold a separate meeting with your opposing party to accomplish the same things.
The next hour, which is also at no fee to either you or the opposing party, is for us to meet together to go over the "ground rules," discuss my hourly fee, and sign a mediation agreement between the parties and me. The agreement is mainly for information and understanding purposes, as either party can decide to withdraw the mediation at any time.