FAQs

Be prepared to outline your goals and the obstacles to resolving the dispute. Each party will have the opportunity prior to the mediation conference to submit a confidential statement of the case.

A joint opening session is optional.

No, the parties decide whether or not to settle. A self-determined settlement must be acceptable to all parties. The mediator’s role, as a skilled neutral, is to guide and facilitate the process.

Yes, the mediation process is confidential, and the confidentiality cannot be waived. The mediator is only allowed to make authorized communications between the parties. Mediation is regarded as settlement negotiation and is governed by Indiana Rule 408.

Generally yes. Any such advisors would need to be invited and permitted by the mediator and be bound not to disclose the communications to third parties.