What to Expect From a Mediation Session

December 16, 2024

Mediation is an increasingly popular way to resolve disputes outside the courtroom. It is a collaborative process designed to help parties find mutually acceptable solutions with the guidance of a neutral third party, the mediator. For many, the idea of mediation can feel unfamiliar or even intimidating. What happens during a mediation session? What role do the participants play? And how should you prepare? 



At Langrock Mediation, we believe that understanding the process can empower you to make the most of your mediation experience. Here’s what you can expect from a mediation session.


The Role of the Mediator


The mediator is a neutral facilitator who guides the discussion, helping the parties identify their goals, clarify their concerns, and explore potential solutions. Unlike a judge or arbitrator, the mediator does not impose decisions or outcomes. Instead, their role is to create a safe and respectful environment where all parties can be heard and understood. A skilled mediator fosters communication and ensures that the focus remains on problem-solving, rather than dwelling on past grievances.


Preparation Before Mediation


Before the session, parties should prepare by identifying their priorities and gathering any relevant documentation. For example, if the mediation involves a property dispute, you may need deeds, appraisals, or other pertinent records. In family law matters, such as divorce or co-parenting arrangements, financial statements or parenting schedules might be essential.


It is equally important to reflect on your goals and interests. What outcomes are most important to you? Are there areas where you’re willing to compromise? Discussing these questions with a trusted advisor ahead of time can help you approach the session with clarity and focus.


The Mediation Process


While every mediation session is unique, most follow a general structure:


  1. Opening Statements — The mediator begins the session by explaining the ground rules and objectives. This is an opportunity to set a cooperative tone and establish expectations for respectful communication.
  2. Each Party’s Perspective — Each participant is given the chance to share their perspective on the issue at hand. This allows everyone to understand the concerns and priorities of the other parties involved.
  3. Identifying Issues — Together with the mediator, the parties identify the key issues that need to be resolved. This step ensures that everyone is working toward a clear and shared understanding of the matters in dispute.
  4. Exploring Solutions — The mediator helps the parties brainstorm potential solutions, encouraging creativity and collaboration. This phase often involves private caucuses, where the mediator meets separately with each party to discuss their concerns and explore options confidentially.
  5. Negotiating Agreements — Once potential solutions have been identified, the parties work together to negotiate a mutually acceptable agreement. The mediator ensures that the discussions remain productive and focused.
  6. Documenting the Agreement — If the parties reach a resolution, the terms are documented in a written agreement. Depending on the nature of the dispute, this agreement may be legally binding or serve as a framework for future collaboration.


The Benefits of Mediation


Mediation offers several advantages over litigation, including:

  • Cost-Effectiveness — Mediation is typically faster and less expensive than going to court.
  • Flexibility — The process is tailored to the needs of the parties, allowing for creative and customized solutions.
  • Confidentiality — Mediation is a private process, unlike court proceedings, which are often public.
  • Preservation of Relationships — By promoting open communication and collaboration, mediation can help preserve relationships, which is particularly important in family or workplace disputes.


What to Bring to the Table


Effective mediation requires active participation and an open mind. Be prepared to:

  • Listen Actively — Listening to the other party’s concerns can help you better understand their perspective and identify common ground.
  • Communicate Clearly — Express your needs and priorities respectfully and succinctly.
  • Stay Flexible — Be open to creative solutions and consider compromises that align with your overall goals.
  • Trust the Process — Mediation may not resolve every issue immediately, but it often lays the groundwork for future cooperation and problem-solving.


What Happens If Mediation Fails?


Not every mediation results in a resolution, and that’s okay. If the parties are unable to reach an agreement, the mediator can help clarify unresolved issues and suggest next steps, such as further negotiation or pursuing legal action. Even when mediation does not lead to a final resolution, it often helps narrow the issues and improve understanding, which can make subsequent processes more efficient.


How Langrock Mediation Can Help


At Langrock Mediation, we are committed to providing a supportive and effective environment for resolving disputes. Our team brings years of experience and a deep understanding of the law to guide you through the process. Whether you’re dealing with a family matter, a business dispute, or another conflict, we tailor our approach to meet your unique needs and goals. Contact Langrock Mediation today to learn more about how mediation can work for you.


July 16, 2025
When a legal dispute arises—whether it’s a business disagreement, a family matter, or a conflict between neighbors—the first instinct is often to prepare for court. But litigation can be lengthy, costly, emotionally draining, and unpredictable. For parties seeking a more efficient, private, and collaborative way to resolve their dispute, mediation offers a powerful alternative. And the earlier it happens, the better. At Langrock Mediation , we’ve seen time and again how early mediation can help people avoid unnecessary conflict, preserve relationships, and reach durable resolutions—often before positions harden and legal expenses pile up. So what exactly is the value of mediating early? 1. Early Mediation Saves Time and Money Litigation takes time—often years. Between discovery, motions, hearings, and trial, parties can find themselves stuck in a slow-moving system with no clear end in sight. Along the way, legal fees grow, court schedules delay progress, and the conflict itself can escalate. By mediating early—before discovery is complete or formal litigation begins—parties can streamline the process and reach resolution faster. Mediation allows parties to skip procedural hurdles and focus on what actually matters to them. A half-day or full-day mediation session may lead to resolution that would otherwise take months or even years to achieve in court. Early resolution also minimizes legal expenses, which can quickly eclipse the value of the dispute itself. In many cases, clients spend far more on litigation than they would have spent settling the matter early through mediation. 2. It Preserves Relationships Disputes often arise between people who still have to coexist after the matter is resolved: co-parents, business partners, landlords and tenants, community members, or even siblings in an estate dispute. Litigation tends to widen the divide, creating a win-lose scenario that creates resentment and destroys trust. Mediation, on the other hand, encourages mutual understanding, active listening, and collaboration. When parties come together in good faith—especially early on—they have a better chance of preserving important relationships and walking away with a solution both sides can accept. In Vermont’s small communities, preserving relationships matters. Whether you’re managing a family-owned business in Montpelier or resolving a boundary dispute in Stowe, mediation allows you to address the conflict without causing permanent damage. 3. It Keeps Control in Your Hands One of the greatest benefits of early mediation is that it allows the parties—not a judge or jury—to control the outcome. In litigation, you put your case in the hands of someone who doesn’t know you, your business, or your values. Even with strong legal arguments, the outcome is always uncertain. Mediation empowers people to be part of the solution. With the help of a neutral mediator, both sides can express their interests, propose creative solutions, and reach agreements that work for them—not just what a court would impose. By mediating early, before court filings or public allegations further entrench positions, parties are more likely to remain open to compromise and flexible in finding common ground. 4. It Protects Confidentiality Court proceedings are public. Filings, testimony, and outcomes often become part of the public record. For individuals and businesses concerned about privacy—especially in disputes involving sensitive financial, personal, or reputational matters—this can be a serious drawback. Mediation, by contrast, is confidential. What’s said in the mediation room stays there, and any resolution reached can also remain private. Early mediation allows parties to resolve disputes quietly and discreetly, before litigation draws public attention to the matter. 5. It Sets a Positive Tone for Resolution Even when early mediation doesn’t result in immediate settlement, it can still be an important step toward resolution. It opens dialogue, narrows the issues, and builds a framework for continued negotiation. It often clarifies misunderstandings and sets a more cooperative tone moving forward. In many cases, early mediation lays the foundation for a later agreement—and can significantly reduce the scope and cost of any further proceedings. Early Mediation Is a Smart First Step If you're facing a dispute—whether legal, personal, or business-related—consider mediation as your first step, not your last resort. Engaging in early mediation can save time and money, reduce stress, preserve relationships, and help you reach a resolution that works for everyone involved. Contact Langrock Mediation today to learn more about the benefits of early mediation and how we can support you in finding a path forward.
June 22, 2025
Comparing Facilitative, Evaluative, and Transformative Approaches Not all mediation is the same. While most people think of mediation as simply “meeting with a neutral person to resolve a conflict,” there are actually different styles of mediation—and each approach offers a unique path to resolution. At Langrock Mediation, we believe that the process should reflect the needs of the parties. Whether you’re facing divorce, a business dispute, or a community conflict, understanding the three primary types of mediation—facilitative, evaluative, and transformative —can help you choose the right process for your situation. Facilitative Mediation—Focused on Communication and Problem-Solving Facilitative mediation is the most common and widely used approach. In this model, the mediator acts as a guide—facilitating communication, clarifying issues, and helping the parties explore their needs and interests. However, the mediator does not offer opinions, predictions, or legal advice. When is Facilitative Mediation a Good Fit? When parties want to maintain control over the outcome. When communication has broken down but there is still a willingness to resolve the issue collaboratively. When creative, interest-based solutions are preferred over strictly legal outcomes. Facilitative mediation is especially effective in family matters, co-parenting plans, and neighbor or landlord-tenant disputes, where ongoing relationships matter and the parties benefit from a more cooperative tone. Evaluative Mediation—Guided by Legal Insight Evaluative mediation takes a more directive approach. The mediator—often an experienced attorney or retired judge—evaluates the strengths and weaknesses of each side’s position and may offer opinions or propose settlement options based on legal standards or likely court outcomes. This approach is more similar to settlement conferences and is often used in commercial litigation, insurance disputes, and personal injury cases where the parties want a reality check or practical guidance. When is Evaluative Mediation a Good Fit? When legal rights and likely court outcomes are central to the dispute. When parties want expert input to help shape a resolution. When a fast, bottom-line resolution is preferred over relationship repair. While evaluative mediators still encourage negotiation, they are more active in shaping the process and nudging parties toward a settlement. Transformative Mediation—Prioritizing Empowerment and Recognition Transformative mediation is less about resolving the issue and more about transforming how parties relate to one another. The mediator’s role is to support each party in gaining clarity, expressing themselves, and recognizing the other party’s perspective—often without steering the conversation toward a specific solution. The goal is personal growth, mutual understanding, and empowerment, even if the parties don’t reach a final agreement. When is Transformative Mediation a Good Fit? When relationships are deeply fractured and require repair beyond a specific dispute. When parties want to be heard and validated in a meaningful way. When the focus is on long-term communication, trust-building, or healing. This approach is often used in workplace conflicts, community disputes, and family dynamics where emotional undercurrents or historical grievances play a major role. So Which Mediation Style Is Best? There’s no one-size-fits-all answer. Often, skilled mediators blend elements of each style based on the nature of the conflict, the personalities involved, and the desired outcome. At Langrock Mediation, we tailor the process to fit your situation, not the other way around. Some clients want structure and legal perspective. Others need space for reflection and understanding. And many simply want a neutral, supportive environment to reach common ground. We can help you decide which approach—or combination of approaches—makes the most sense for your case. Connect with Langrock Mediation If you're considering mediation in Vermont, we invite you to reach out. At Langrock Mediation, we’re trained in all three major mediation styles and will work with you to create a process that meets your goals—whether you’re seeking resolution, transformation, or simply a better way forward. Contact us today to schedule a consultation and learn how mediation can work for you.
May 21, 2025
A Checklist for Choosing Mediation Over Litigation When legal disputes arise—whether in family, business, property, or employment matters—many people assume court is the only way forward. But litigation can be costly, time-consuming, and emotionally draining. Mediation offers an alternative path: one that prioritizes collaboration over conflict and resolution over retaliation. So how do you know if mediation is the right fit for your situation? Understanding Mediation Mediation is a voluntary, confidential process in which a neutral third party—the mediator—helps disputing parties reach a mutually agreeable solution. Unlike a judge or arbitrator, the mediator doesn’t impose decisions. Instead, they facilitate dialogue, clarify issues, and support creative problem-solving. Because mediation focuses on cooperation rather than confrontation, it often leads to faster, less expensive, and more amicable resolutions. The Benefits of Mediation Before diving into the checklist, consider the core benefits that set mediation apart from traditional litigation: Confidentiality – Mediation sessions are private, unlike court proceedings, which are typically public. Control – You and the other party retain control over the outcome, rather than leaving it to a judge. Speed – Mediation can often be scheduled and resolved far more quickly than a court case. Cost Savings – With fewer procedural requirements, mediation is often more affordable than litigation. Preserved Relationships – Especially important in family, workplace, or community disputes, mediation can help preserve or even improve relationships by fostering respectful communication. Flexibility – Mediation allows for customized solutions that a court may not be able to provide. Is Mediation Right for Your Case? A Checklist Use the checklist below to assess whether mediation might be a good option for your legal dispute. You want to resolve the matter quickly. Litigation can take months—or even years—to resolve. Mediation can often be scheduled and completed within weeks. You’d like to save money on legal fees. Court battles are expensive. Mediation typically costs a fraction of what a full trial would. You’re open to compromise. Mediation works best when both parties are willing to explore common ground rather than focus solely on "winning." You want to maintain or improve the relationship with the other party. Whether it’s a co-parent, business partner, neighbor, or landlord, mediation offers a path to resolution without burning bridges. You value privacy. If you’d prefer to keep personal, business, or financial matters out of the public record, mediation provides a confidential setting. You’re seeking a customized solution. Courts are limited in the remedies they can offer. Mediation allows for creative, tailored outcomes that meet the specific needs of both parties. You want more control over the process. Mediation allows you to shape both the process and the outcome, unlike litigation, which is governed by strict rules and timelines. You’re dealing with a dispute that involves emotions as well as facts. Mediation acknowledges the human elements—feelings, communication breakdowns, history—that often underlie legal conflicts, and works to address them constructively. When Litigation May Be the Better Option Mediation isn’t right for every case. If one party refuses to participate in good faith, or if there’s a significant power imbalance (such as in cases involving domestic abuse), litigation may be more appropriate. Likewise, if you need a legal precedent or injunctive relief, the courtroom may be the better venue. A consultation with an experienced mediator can help you determine whether your case is suitable for mediation—or whether other options should be considered. Ready to Explore Mediation? At Langrock Mediation, we help Vermonters navigate challenging disputes with clarity, compassion, and professionalism. Whether you’re considering mediation for a divorce, a business disagreement, or a property issue, our team is here to help you assess your options and move forward with confidence. Contact us today to schedule a consultation and find out if mediation is the right path for your case.