Mediation conversations are private and will not be shared by the mediator. Mediators cannot be subpoenaed to testify in court – their mediation conversations are privileged. The mediator will facilitate a discussion between the divorcing spouses and their attorneys, hopefully guiding the parties to a settlement on the issues.
Usually, the mediator will begin the meeting by explaining the mediation process. Both parties can then explain their positions on the issues. Negotiation between the two parties then begins with the mediator navigating the process. He or she will attempt to introduce reason into the conversation if it is missing and will encourage each party to see the situation from the other party’s side. The mediator will not make judgements or decisions but will act much like a referee or guide.