Mediation can be highly beneficial if you have a legal dispute that you want to settle amicably without a formal litigation process. But how many mediation sessions do you need? Read on to find out more from Westover Law.
What Is Mediation and When Is It Used?
Mediation is a voluntary process where a neutral third party helps people resolve disputes outside of court. It is commonly used in family matters such as custody, child support, alimony, and property division. Here’s how mediation works: mediation allows both parties to speak openly, work together, and reach a solution in a private setting.
Everything discussed during mediation is confidential and cannot be used in court unless both parties agree. The mediator remains neutral and does not give legal advice, but may provide general legal information. If legal guidance is needed, parties are encouraged to consult with an attorney.
How Long Is a Mediation Session?
There is no clear answer to how long a mediation session can take as it depends on several factors. However, typically, a session can last anywhere between two to four hours. Most mediators advise their clients to keep aside this time or maybe even a whole day as complex cases with witnesses and major conflicts between the parties can take a longer time to settle. If there is no settlement at the end of the session, an additional session is scheduled to complete the process. If you’d like to better understand how the process unfolds, read our comprehensive guide to mediation.
The Six-Step Mediation Process
01. Introductions
The mediator begins by introducing those present, the rules of the mediation process, as well as the goals that the session is looking to achieve. Under California law, mediation is confidential as per Evidence Code §§ 1115–1128. This means what is said in mediation, except in very limited circumstances, is not admissible in court. The mediator must also explain that they are neutral and that they do not give legal advice, though they may provide general legal information about the process and party rights and responsibilities.
02. Opening statements
Next, both parties present their sides of the dispute without any interruptions. This allows both sides to speak freely. Mediation provides a space for each person, whether individuals, a couple, or businesses, to share their side. In California, this stage helps identify issues to be resolved and allows the mediator to assess whether the dispute is appropriate for mediation or whether the case may require a different form of dispute resolution.
03. Joint discussion
In this stage, each party has an opportunity to directly respond to the other party’s opening statements to better understand their views. This dialogue often reveals shared interests or misunderstandings. While mediation allows a collaborative approach, the process remains structured. The mediator ensures the discussion doesn’t become adversarial and that both parties stay focused on reaching a mutually acceptable solution. If tensions rise, the mediator can decide whether to move into private caucuses.
04. Private caucuses
If the parties are not comfortable or if their emotions are high, the mediator can split them into two separate rooms, also known as caucuses. Here, they can speak to the mediator privately. These conversations remain confidential unless expressly authorized for sharing. The mediator must determine if private meetings can help parties resolve disagreements or clarify whether mediation is not appropriate for the situation.
05. Negotiation
Next, the mediator begins the process of negotiations, where parties can discuss and compromise to work towards a settlement. In California, this stage is also protected by confidentiality laws. Mediation allows for flexible, non-adversarial discussions, often resulting in faster and lower-cost outcomes than court proceedings. The mediator may offer legal information, but cannot give legal advice.
06. Closure
Lastly, once an agreement is reached, the mediator outlines the main clauses and provisions in writing, which both parties sign. If they are unable to reach an agreement, an additional mediation session may be scheduled. A signed settlement agreement can be enforceable in a California court under Code of Civil Procedure § 664.6. If parties are not able to resolve the case, they may proceed to the local court, though another session may still help the two parties reach a mutually acceptable outcome.
FAQs about Mediation
Yes. One of the major benefits of mediation is that it is significantly less costly than litigation. Court battles can involve months of attorney fees and hearings, while mediation costs are usually limited to the mediator’s fee per session, which varies based on experience and location.
You can request a referral from your local court or search the court-approved roster of mediators. Make sure the mediator has a strong background in family law, particularly if your case involves alimony, custody, or property division.
Yes. For mediation to work, both sides must participate voluntarily and in good faith. If one party refuses to engage or is unwilling to communicate, the case may be returned to court. However, most people find that mediation gives them a fair opportunity to speak and reach an agreement without escalating the conflict.
While not required, it’s wise to consult an experienced attorney before signing any mediated agreement, especially in cases involving financial issues or children. Your lawyer can review the terms and ensure that your rights and responsibilities are protected.
Family mediation can address a wide range of issues, including:
- Child support
- Custody and parenting plans
Alimony (spousal support) - Property division
- Post-divorce modifications
When parties agree, these issues can be included in a written mediated agreement, which may become legally binding if properly signed and submitted to the court.
Yes. In California family law cases, a court order may require parties to attempt mediation, particularly in custody and parenting disputes. This is common in county family courts that offer child custody recommending counseling (CCRC) or mediation services.
Mediation is not appropriate in most cases involving domestic abuse, unless safeguards are in place and both parties voluntarily agree to participate. The court may order screening to determine if mediation is safe and fair under the circumstances. If it is not, the matter may proceed directly to the courtroom.
A family mediator is a neutral third party who meets with each party to help them communicate, understand each other’s concerns, and work toward a resolution. While the mediator must remain impartial, they may provide legal information to clarify issues. However, they do not act as a lawyer or give legal advice. The mediator’s role is to help the parties participate in a structured, respectful process.
How Long Does It Take to Schedule a Mediation?
After the first meeting with the mediator, if both parties feel comfortable, they can schedule subsequent mediation sessions as schedules permit.
For more information on the sessions of mediation and their workings, contact Westover Law today.