/r/Mediation
A community for people interested in mediation and dispute resolution.
Keep it civil. No bigotry, name-calling, or offensive behavior.
Keep it on-topic. This is a sub for discussion of conflict resolution, mediation, and dialogue techniques. Advertising of private mediation firms is not permitted and those posts will be deleted.
Keep it interesting! Strive for high-effort posts and discussion.
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/r/Mediation
Hello -
I am wondering about the responsibilities/obligations of a neutral mediator (in mediation sought privately, not in connection with any courts) toward both parties in closing out and summarizing/wrapping out where things stand after one party “exits” mediation.
I recognize that it’s either party’s right to exit mediation at any time, but I thought it would’ve been a mediator’s role to at least seek/provide clarity as to where things ended up and perhaps even summarize what each party still is missing.
I have just had the experience of what felt to me like the mediator was facilitating the other party’s (my ex) requests while ignoring my voiced concerns entirely, and then pointing to the “pre paid hours” we had left …. In the last communication I ever got from the mediator, he wrote to both parties stating that we only had enough prepaid time to address the other party’s concern, and that we would “run out of time” if he answered my questions too. (This despite me stating that if it went over I’d pay for the extra time). Then, to try to streamline the time, I took a shot at typing up a very reasonable proposal for resolution that took into account all of the concerns the other party had expressed in mediation, made many concessions on my end, and presented it to just see if it was amenable at all…. The other party emailed back: “this is a non-starter. And I’m exiting mediation…”.
My question is really about the fact that this was nearly a month ago and I have not heard a word from the mediator since then. There were several time sensitive ideas floated that I now don’t know where we stand on them, and the mediator just disappeared - did not even bother to write any sort of summary …. And I would’ve thought even though the other party had exited mediation, the mediator gets one more exchange to ask if there were any specific reasons or elements that made it a non starter (just for clarity).
There seems to be NO avenues in which to hold a private mediator accountable … He has professional affiliations listed on his profiles, but they aren’t oversight from what I understand. It really has caused me to feel like mediation is nonsense if that is at all an acceptable or ethical way to have gone about, and in this situation mediation was actually harmful, not just a lateral thing that was unsuccessful…. It wasted precious time on a coercive countdown imposed on me by my ex for various things, and the guy got paid a lot of money to just sit there watching us fight. (He had given no structure or guidance to the sessions whatsoever).
Can someone who knows more than I do tell me if there’s any way to even vaguely hold this mediator accountable for his unethical and incomplete behavior? (I am not suggesting he be held accountable for the lack of resolution, I’m only talking about his duties and obligations).
Thanks.
I have worked within the nonprofit social justice space all my life and constantly find myself needing to engage in conflict mediation. I would like to enhance my skill set with some form of formal training, but not with a law degree. Any insights or suggestions on where to start looking?
I engaged in a mediation (independent of a court), and the other parties have breached terms of agreement, so Im assuming agreement is now void. Under these circumstances, does confidentiality still apply in areas other than taking the issue to court?
Looking to bring a contractor to mediation in the Scottsboro, Alabama area. Willing to travel to Huntsville, guntersville or Chattanooga and looking for a reputable mediator. Thank you!
This is for the Wells Fargo Settlement. The product they signed me up for was Mortgage accidental death policies and I have 2 letters. They first offered me around $500 each and then they offered me 1,200 each and I said I wanted to go to mediation. I'm an intelligent person but I'm not a lawyer. I didn't get a lawyer for this and just looking for some general guidance. Does anyone have a recommendation on what to ask for? I don't have any bank records that go back that far and my WF accounts have been closed for over almost 15 years. Any advice you can give me would be helpful. Thank you!
I’m looking for tips on how to act as a mediator within my family. Essentially, I have extended family members who are struggling to deal with conflicts within their immediate family unit. They are close to reaching restraining order status. No physical violence has been involved. But threats of violence have happened, so there’s a lot of fear and distrust. And emotional violence is rampant. They’re at the breaking point. Obviously, professional counseling would be great, but no one is willing to go first. Everyone is pointing their finger at someone else and not taking responsibility for the role they’ve played in creating this chaos. They have grown to trust me though. Because I’ve stayed neutral and shown that I want to help work toward resolution that serves all involved. Enough to allow me to speak to each other on their behalf and identify creative solutions that are starting to meet their needs. I find myself in territory for which I’m greatly unqualified, but I’m willing to learn techniques and methods that might help. The goal is to calm things to the point where I could hand over the mediation to a professional. Would love some advice, resources, or any direction to steer me toward growing this skill as a layperson. Thanks in advance!
I retired after 37 years in Property and Casualty Insurance with a major carrier; I consider myself an expert in this line of residential and commercial insurance conflicts. I believe I have related experience to also mediate personal lines and health insurance claims. Since retirement, I have served as a Volunteer Crisis Counselor for a Suicide/Mental Health Organization. I am currently the President of the Board of Directors for a Timeshare Condominium Association where I lead collaborations with other Board members in meeting fiduciary responsibilities to the Association owners. I have a great passion for resolving problems and I'm looking to start a new career in the Mediation field to utilize my expertise and conflict resolutions skills. Any advice on where to get started first?
Hello all, I'm a mid-50s former stay at home mom hoping to transition into a career now that my kid is off to college. I'm looking at 2 possible paths: the longer master's path (it would be my 2nd, though in a different field) or the shortcut mediation certification plus certificates in the field in which I'd like to specialize. My questions are:
Are you happy with the mediation program you used? Do you feel you got everything out of it you needed and were ready to move forward after completion?
Are there programs that will help with volunteer placements / internships to help you get some hours under your belt? I've looked into the UC Davis and UCSF Law programs and I'm not seeing anything about assistance after program completion.
And finally, the trickier question, which programs are respected across state lines? I'm currently in CA, but am considering a move out of state. Due to the possibility of a move I'd prefer an on line, synchronous course.
Thanks all for your insights!
So I basically took a 40 hour training and I am certified as a mediator , since I have an extensive background in the healthcare field I was advised to aim my services to the healthcare personnel and facilities. MY question is how would I go about doing that? How would I pitch my services? My areas of focus are Patient advocacy Patient provider disagreements Healthcare worker disagreement Billing disagreements End of life agreement Is this a viable niche? If not what are the more profitable niches to get into? I am willing to switch since I am just starting out.
I just mediated two back to back small claims cases. Neither settled. My case last week didn't settle. The parties are so stuck on their positions and being right and I can't seem to help them. I feel so frustrated with myself. I'm supposed to be mentoring other mediators and I don't feel qualified at all. I usually like my job but this has me feeling awful. We've only had two settlements since thr program opened.
So I've posted on here before about this, but I have more information and I'm curious if the answer is pretty much the same as my last question from a month ago. I'm also going to be vague about my condition, and what I did for work, and settlement amount because of possible NDAs signed next week.
I have a denied workers comp claim that's left me permanently partially disabled. I had 2 IMEs and 1 CME done, which overturned the denial. However, the insurance company doesn't want to go to trial and have my claim switched to as accepted. They'd rather settle this out of court, on good faith, as a denied claim. My guess is it'll open the flood gates for others like me. Because it's only partial disability, I am still technically able to work a full time job, so I don't qualify for SSDI or Medicare. As as a result, my claim doesn't qualify for an MSA (Medicare Set Aside Fund). The only thing that qualifies is that my claim is worth more than $250,000 but Medicare doesn't care since I'm not using their services.
My claim is going to made up of 2 settlements: Everything Non Medical (including my Lawyers Fees) and the "other" settlement is going to be my future medical portion. I've been told the Future Medical is going to be a structured settlement, paid out to me either Monthly, Quarterly, or Yearly. I asked my lawyer how this is going to be calculated since I don't qualify for an MSA, and she couldn't tell me. She has her final number based on the cost of my medication compared to Medicare's cost, but our number isn't set in stone.
The insurance company is aware of my final settlement demand, since we originally asked them back in May after the CME results came in. They originally denied my claim, but recently changed their mind. The actually reached out my lawyer back in November asking to settle this time, and my lawyer made sure they were aware that my demand hasn't changed, and they acknowledged that. The other thing is that the settlement mediation is being held at my lawyers office, at 2pm, and is only expected to last 2 hours. I was told this was a good thing.
Here's my question: Now that I know my settlement is going to be split into 2, how much negotiation power do I really have here? My lawyer thinks that their number is going to be close to mine since it's a short meeting, and it's scheduled in the middle of December. Apparently having this meeting this late in the year means they just want to close my case.
My other question, is how do I know if I'm getting a fair number? And what should my lowest amount accepted be? Lets says, for example only, I'm asking for $1,000,000 should my lowest option be $500,000? I've read that settlement offers can range from 45% to 80% of your original demand. (I'm aware I have a lawyer for this, but I'd like the opinions from those who have gone through mediation as well).
Hi everyone,
I’m exploring a potential shift into mediation and would love to hear your perspectives, especially from those practicing in the UK.
A bit about me: I have extensive experience in business, having led global teams and driven strategic change over a 20+ year career. As part of my work, I’ve often analyzed disputes, negotiated positions, and uncovered underlying interests to find resolution—skills that align closely with mediation. I’m naturally analytical, a strong listener, and enjoy asking the kinds of questions that can lead to clarity and understanding.
However, I’m not a lawyer, and I’ve noticed that many mediators in the UK seem to come from a legal background. My first question is: How significant is this as a barrier to building a mediation practice? Are there ways to stand out as a non-lawyer mediator?
Second, I’ve been following discussions around government proposals to make mediation a mandatory first step before court in certain cases. I’m curious: Do you think these moves will drive structural changes in the mediation market in the UK and create substantially more demand? If so, how might this impact opportunities for new mediators?
I’d love to hear your thoughts, insights, and advice. Thanks in advance for sharing your experiences and ideas—it’s much appreciated!
Hi, what calendar systems are you using on your mediation website for scheduling?
Hi everyone, I'm a recent uni grad and I chanced upon alternative dispute resolution as a possible career path while researching legal jobs online.
Just for research purpose, how much are you all making? I know better than to ask for average salaries since it's clear from browsing this sub that people in this field don't make regular salaries.
Thanks for reading, looking forward to seeing replies!
Divorce doesn't have to be a warzone. Mediation offers a calmer, more cooperative path to ending your marriage. Here's a step-by-step guide to making it work:
By following these steps, you can navigate the divorce process with less stress and achieve a fair outcome.
For those living in Oregon:
https://lanecdr.org/train-and-educate/basic-mediation-training/
Hi, I am thinking of setting up a business as a Dispute Resolution Consultant for small businesses/ sole traders. Do I need a qualification for this?
Hi everyone! I’m 30F (soon to be 31) and have been interested in mediation for a while. I always wanted to be an attorney, but decided against law school once I worked in big law as a legal assistant (tuition cost and seeing the daily misery of my attorneys were main deterrents). Mediation attracts me as it’s a step down from law and feels more hands on.
I was a legal assistant for over 3 years; I’m currently an executive assistant at a sales tech startup, where I’ve been for nearly 2 years (big switch I know, lol). I make decent money but frankly, this job isn’t intellectually stimulating nor purposeful enough for me. I don’t foresee much more growth in my role and am still intrigued by the prospect of becoming a mediator.
I’m wondering:
Thanks so much!
Hello everyone, I am a Certified Professional Mediator based in Nairobi, Kenya with a year's experience in mediation. I am passionate about amicably resolving disputes without the bad blood that follows litigation proceedings. I am looking to expand my practice globally, so I welcome anyone with a dispute that is not of a criminal nature to contact me on my email : crispinngunya@gmail.com for affordable, swift, time-sensitive and amicable dispute resolution.
For the last 3 years, I've been in litigation against AIG for an injury they refused to cover/acknowledge. In July of 2024, the judge ruled that AIG was in fact responsible in covering my claim. So my lawyer sent a demand to settle, but they refused. I was told they would rather take a chance and go to court. Letting the judge decide what exactly they would be financially responsible for, seemed foolish. However, you can't force someone to settle. So a final court date was scheduled for December 10th.
Fast forward to last Tuesday, my lawyer called to tell me that AIG Insurance no longer wants to go to trial. They've had a sudden change in heart and want to settle out of court. She said if I agreed, a meeting would be scheduled within the next 2 weeks, and I should have a check in my hand within 4 to 6 weeks. They already know my settlement demand, and no reason was given to my lawyer as to why they suddenly want to settle. (My guess is that AIG isn't happy that the State of CT issued a fine of undue delays against them. By settling, they won't have to pay it).
Anyway, I'm kind of nervous about this mediation. The only things I know is that my attendance is mandatory, and it's going to be a structured settlement. My lawyer said the odds of being award lumpsum were slim, so I'm not surprised by this. She also mentioned that everything will be figured out in just one meeting. The plus is that I don't have to agree to anything. If I want to proceed to trial, it's within my right. The drawback is that my lawyer said it would be another 12 to 18 months of litigation. AIG has already threatened to appeal the judges decision if an agreement isn't reached. (Gotta love insurance companies...) my lawyer also stressed that I need to be willing to compromise. I'm planning on going into this meeting with a mind as open as possible.
What should I expect at this meeting?
Is the whole point of this to come with terms/agreements on how the settlement is structured?
Should I make it lifelong or a set amount of years?
Who decides how much I get paid up front?
Who decides the amount/frequency of my payments?
Wondering if anyone has recently gone through mediation with Wells Fargo for creating additional accounts to boost numbers? What was the amount you got during mediation? I'm in mediation with them now.
How does one approach a conflict that whenever a specific topic is brought up the other party checks out, glassy eyes, no responses, collapse in on themselves? They acknowledge that they do it, but that doesn't change the behavior. I think trauma has a part to play. Any suggestions to approch in a way that doesn't immediately shut them down? . They have an avoidance style of conflict
Hi all, I’m a therapist facilitating a training for some local mediation centers on how to support individuals with severe mental illness in mediation. If you’re so inclined, please feel free to share with me particular behaviors or mental health concerns you have seen in your work and if applicable, how you were or weren’t able to support the individual. This can include times you were able to proceed with the mediation process and times you were not. Of course, please take extra care to protect the confidentiality of individuals involved—feel free to send it in a DM if there is any chance the individual in question might recognize their story.
Reality: Divorce mediation can be used by couples who have a difficult separation and disagreements as well as those who have a peaceful one. The mediator's job is to assist couples in handling disputes or confrontations. The intent is to establish a fair setting where both sides can be heard without prejudice. The role of a mediator is to de-escalate the disagreement and arrive at a mutually agreeable, reasonable solution, even in the absence of appropriate or calm communication.
Reality: Unlike a judge, a mediator will not decide on your behalf. They will facilitate discussions that will help both sides reach their own decisions. This is to guarantee that both parties will contribute to the agreement and that it will fairly benefit them both. Each party is free to make their own choice.
Reality: Once a judge approves a mediation agreement, it becomes legally binding. Because the agreements were reached by mutual consent while respecting one another's differences, mediations frequently result in easier enforcement of agreements. Like any other court order, mediation agreements will be recognized by the court.
Reality: Although a lawyer is not required for mediation sessions, it would be extremely helpful to have one when both parties reach a final agreement. This is to guarantee that the agreement reached by both parties secures each other's rights and that no important information is overlooked. This makes it easier for the parties to be completely informed before they sign the mediation's final agreement.
Reality: Choosing mediation is a wise choice since it demonstrates a desire to resolve disputes quickly. In order to reach a mutually beneficial agreement, it helps both parties avoid wasting additional time, money, and emotional energy as well as engaging in prolonged legal disputes. Making the choice to mediate is a smart one since it puts peace above continuous conflicts.
Reality: Even the most complicated divorce cases can be resolved through mediation's adaptability. In order to make sure that every detail is carefully considered, mediators might bring in subject matter experts, like financial advisors or child specialists, to help with complex financial portfolio division or delicate custody disputes. Mediation offers an adaptable system for handling complex issues with customized solutions.
Reality: The fact that mediation provides equal voice to both spouses is one of its main advantages. A good mediator makes sure that nobody dominates the conversation or controls the process of mediation. In order to ensure that decisions are made accurately and fairly and that the playing field remains equal, the mediator helps balance the dialogue while encouraging both parties to speak freely.
Reality: Mediation gives room for emotional concerns to be addressed, in comparison to court, which only considers legal and factual issues. Mediation can accept the feelings of betrayal, loss, or rage that frequently accompany divorce, making both parties feel understood. This emotional factor is essential to achieving a settlement that feels just and thorough which makes the process easier.
Reality: Competent mediators has skills to handle disagreement and encourage cooperation, even in cases where one partner appears uncooperative. They have received training on how to deal with challenging individuals and circumstances through applying strategies that aim to involve both parties. Even if mediation doesn't begin with a more cooperative environment, it can eventually establish one.