How mediation actually works, hour by hour
How a mediation day actually runs, from the opening session to the signed term sheet.
Elena Marlowe
·
7 min read
What mediation is
Mediation is a confidential negotiation, guided by a neutral mediator who can't impose a result. If both sides agree, the dispute ends that day.
Most commercial cases that mediate settle at or around it, so it helps to know how the day runs.
The day, hour by hour
01
9:00 Opening session
Both sides state their position briefly. The mediator sets the ground rules.
02
10:00 Private rooms
Each side meets the mediator alone. What you say there stays there.
03
12:00 First offers
Numbers start moving. Expect the early ones to be far apart.
04
3:00 The hard part
The mediator tests each side's case, and the gap narrows.
05
6:00 Term sheet
If there's agreement, the key terms are signed before anyone leaves.
Most cases are settled in the last two hours, not the first six.
What to avoid
Four mistakes that cost people the deal:
Arriving without authority to settle.
Opening with an offer you'd never accept.
Treating the mediator as the other side's ally.
Leaving without a signed term sheet.
If you've been asked to mediate
Prepare before the day
Agree your walk-away number in advance, bring the key documents and decide who has authority to sign. A prepared side settles on better terms.
A well-written mediation statement is often the most useful page of the day.
What happens next
If the case doesn't settle, nothing said in mediation can be used later. You've lost a day, not your position.
WRITTEN BY
Elena Marlowe
Commercial litigator in New York since 2013. I run a one-lawyer practice and write these to answer the questions I hear on first calls.
This article is general information, not legal advice about your situation. Reading it doesn’t create an attorney–client relationship.
KEY TAKEAWAYS
Most mediation days run six to eight hours
The mediator moves between private rooms
A deal is signed the same day
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