Mediation is an informal, voluntary, and non-binding approach in which an independent and trained neutral?a mediator?facilitates negotiations between disputing parties, helping them to find their own mutually acceptable resolution. The resulting settlements often save the parties substantial time and expense.

Mediation Case Flow
Parties Contacted by Staff
A mediation case administrator solicits parties involved in a controversy to participate in EDSPA's Dispute Resolution Mediation Program.
Parties Evidence Interest
One party calls Dispute Resolution to request mediation or submits a request for mediation on paper.
Parties Agree to Mediate
Mediation is voluntary. All parties must agree to mediate.
Filing Fee
Each party to a case that is submitted directly to mediation will each pay a filing fee. In very limited circumstances, the Director of Mediation may grant a fee waiver based on financial hardship.
Mediator Selected
The parties select the mediator of their choice. The Dispute Resolution staff uses party input to create a list of mediators. Dispute Resolution provides the parties with background disclosure information for each potential mediator.
Mediation Sessions Scheduled
The parties agree on the date for the mediation session.
Mediator Fees and Expenses
Parties participating in a mediation administered by EDSPA Dispute Resolution will pay the mediator's fees and expenses. The charges will be apportioned equally among the parties unless they agree otherwise. Each party will deposit an equal portion of anticipated charges before the first mediation session. The Director of Mediation will determine the anticipated mediator charges in each case.
Evidentiary Value of Mediation
Parties agree that the Mediator cannot be called as a witness in any legal proceeding between the parties, and that the conversations which occur during the mediation itself are not admissible as evidence in any such proceeding.
Mediation Session Conducted
A mediation session normally takes place at one of EDSPA's offices or in the mediator's office. Some mediation sessions take place telephonically. The sessions usually last less than one day.
Parties Agree to Settle
It is anticipated that settlement will match the percentages seen in other jurisdictions, 75 to 80 percent of all cases. Parties generally draft their own agreement which will include releases from liability and confidentiality clauses.
Case Closed
If there is a pending arbitration or lawsuit, the participants must notify the attorneys, judges or arbitrators of the settlement within 3 days of execution of the settlement documents.
Parties Reach Impasse
If a mediator is unable to assist the parties in reaching a settlement, he/she may encourage the parties to set a second session or make follow-up calls to encourage progress towards settlement.