By: Mara Hershberger, J.D.
Half of Pennsylvania is shut down until June 4, 2020, at the earliest. This means courts are closed, and your lawsuit or domestic relations issue cannot be litigated. Likely, your dispute will not go to court for a while due to a backlog after courts reopen. If you would like a quicker outcome or are worried about your health going to a crowded court in the future, mediation might be a good way to help resolve your dispute.
Mediation is a form of alternative dispute resolution—legal speak, for a way to avoid going to court while still getting an outcome—and it is an option which can be exercised at any point during the litigation process for any civil matter, including family law matters. The disputing parties must all agree to a mediation and select a mediator, often a former judge or an attorney, who is a neutral mediator hired to help resolve the issue. Prior to a mediation, the attorneys will prepare memos, which outline the evidence and the issues from each party’s perspective. It is important to gather all relevant documents and evidence in advance to facilitate a smoother mediation process. Right now, many mediators are doing video conference mediations, so you do not even have to leave your home to attend.
Mediation works as a process for dispute resolution, typically involving several steps: after parties agree to mediate, a joint session is held where all parties, their lawyers, and the one mediator are present. The mediator explains the process, sets expectations, and ensures the environment is informal so parties feel comfortable.
Opening statements are typically made by each party and their lawyer to outline their position, and this opening statement is the initial opportunity to present your case. The mediator may then separate the parties into caucuses, meeting with one party at a time to discuss issues confidentially and consider the interests and likely responses of the other party. The mediator’s role is to facilitate negotiation, help the parties identify key points or issues to be resolved, and sometimes split complex cases into manageable points for discussion. The process is confidential, and what is said cannot be used in court.
The mediator may propose solutions or a mediator’s proposal to help parties reach an agreement, but the final decision to accept or reject any deal rests with the parties. The presence of the decision maker is important to ensure prompt agreement. The mediator is impartial and does not decide the outcome; instead, they help the parties reach an agreement that makes sense for both sides.
Mediation can be voluntary, but sometimes it is court-ordered mediation, which is mandated by the court and follows specific procedures. Mediation is most effective when both sides agree to participate, and the process begins when the parties agree to mediate. The expertise and impartiality required for mediating disputes are essential, and having a neutral mediator ensures fairness. Consulting a lawyer can help you prepare for mediation and review your position.
At mediation, the mediator will meet everyone and then discuss the strengths and weaknesses of each side with the attorneys. There is typically one mediator who facilitates the process, and the roles of each person involved—including the parties, their lawyers, and the mediator—are clearly defined. A mediator’s job is to resolve the dispute in a fair way by trying to balance each party’s wishes. The mediator may meet with one party at a time in private caucuses to discuss issues confidentially. Negotiation is a key element of mediation, and good faith efforts are important to reach the best possible deal.
The mediator proposes solutions and helps the parties reach an agreement, aiming for a win-win outcome where both parties are satisfied. The vast majority of mediations result in settlement, and disputes can be resolved efficiently. If everyone agrees to a settlement, an agreement is signed, and your dispute is completed, without ever needing to go to court. The steps involved in reaching an agreement include negotiation, considering the mediator’s proposals, and deciding whether to accept or reject offers. If mediation fails, the case may proceed to trial, where money judgments and financial obligations can result. Mediation can help avoid lengthy trials and the adversarial nature of litigation. Assessing whether to reach an agreement and evaluating if settling makes sense compared to other options are important considerations. When a case settles, both parties benefit from a prompt and confidential resolution.
If you are in need of legal services, call the lawyers at Rubin, Glickman, Steinberg and Gifford, P.C., Colmar, PA. We can be reached at (215) 822-7575 or complete a contact form. We offer a free initial consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the “Best Law Firm” for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.
Choosing the Right Mediator for Your Case
When it comes to resolving disputes through alternative dispute resolution, selecting the right mediator can make a significant difference in the outcome of your case. The mediator is a neutral third party whose role is to guide the mediation process, helping the parties involved communicate effectively and work toward a settlement agreement that addresses everyone’s concerns.
To ensure the mediation session is productive and that the parties reach a fair resolution, it’s important to consider several factors when choosing a mediator:
- Experience and Expertise: Look for a mediator who has handled cases similar to yours, whether it’s a family law matter or another type of dispute. A mediator with relevant experience will better understand the unique issues at play and can suggest possible solutions that make sense for your situation.
- Neutrality and Impartiality: The very fact that mediation works depends on the mediator’s ability to remain neutral. The right mediator will not take sides or have any personal or professional ties to either party, ensuring that the process is fair and unbiased.
- Communication Skills: Effective dispute resolution relies on clear communication. Many mediators are skilled at listening to each party’s concerns, understanding their positions, and helping everyone involved feel heard. A mediator who can explain complex issues and facilitate constructive dialogue is essential for a successful mediation session.
- Mediation Style: Different mediators use different approaches, such as facilitative, evaluative, or transformative mediation. Consider which style aligns best with your needs and the nature of your dispute. For example, some parties prefer a mediator who actively proposes solutions, while others want someone who simply guides the conversation.
- Availability and Scheduling: The mediation process should fit the schedules of all parties involved. Make sure the mediator you choose can accommodate your timeline and is flexible enough to work with the other party’s availability as well.
- Fees and Costs: Mediation is often more cost-effective than the litigation process, but fees can vary. Be sure to understand the mediator’s rates and what services are included, so there are no surprises as you work toward a resolution.
- Certifications and Qualifications: Many mediators hold certifications or have completed specialized training in dispute resolution. Checking a mediator’s qualifications can give you confidence in their ability to handle your case professionally.
By taking the time to choose the right mediator, you increase the likelihood that the mediation process will lead to a settlement agreement that works for everyone. A skilled mediator helps parties resolve disputes efficiently, often preserving relationships and avoiding the stress and expense of going to court. Ultimately, the right mediator can help you achieve a resolution that meets your needs and allows you to move forward with confidence.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 15, 2025
