When it applies
Mediation is useful if the parties are willing to discuss not only legal requirements, but also practical interests: money, timing, communication, reputation, future relationships and enforceability of the decision.
How it works
Work usually begins with initial contact, an assessment of the situation and an invitation to the other party. The format is then agreed: an in-person meeting, an online session or separate negotiations.
The mediator keeps the discussion structured, helps record interim agreements and brings the conversation back to the subject of the dispute.
The outcome
If the parties reach a solution, it may be recorded in a mediated settlement agreement, a draft court settlement agreement or separate arrangements, which the parties’ lawyers then review.
The main criterion for a good agreement is not a beautiful text, but the willingness of the parties to fulfill it.