Mediation is called upon when two or more parties and their counsels decide that the process is best suited to resolve their conflict or litigation. The various stages required are designed to help shape an agreement.

Designating a mediator

In a judicial setting, the judge will appoint a certified mediator.
In a conventional (civil) setting, attorneys and/or the parties themselves select and mandate the mediator of their choosing.

Initial meeting and rule definition

When meeting for the first time, the mediator will thoroughly describe the functioning of the process and inform both parties and their counsels of the fundamental rules that will be enforced throughout the mediation. He will also remind all parties of the voluntary nature of the mediation process and that neither party can force the other to participate nor pursue them if they choose to abandon the process.

Ratification of the strict confidentiality agreement

Prior to beginning the mediation, both parties must review and sign an agreement encompassing the rules to observe during the mediation process as well as a pledge to maintain strict confidentiality during the entire process.
Should the mediation be unsuccessful, this binding document prevents all parties and their counsels from using any statements or documents used during the mediation, for any reason whatsoever.


Once the aforementioned steps are completed, the mediation itself can begin.
Every meeting follows a protocol similar to a wheel divided into quarters.
Each party explains, uninterrupted, their side of the story which is then reformulated by the mediator.
Each party expresses their needs and wishes for a desired outcome.
The exploration of creative solutions begins. Separate and private consultations ("apartés") can take place so long as equal amounts of time are allowed to each party.
Drafting of an agreement, once reached.

Conflict resolution

Upon reaching of an agreement, attorneys (or parties themselves, if alone) will draft and submit it to a judge for review and approval.