What Is Mediation?

Are you involved in a legal case and considering mediation? Mediation is a way to try to solve a disagreement without going to court.  

This article explains what mediation is and who mediators are. It also answers other frequently asked questions like whether mediation is legally binding, what happens during mediation, and more. 

Mediation definition  

Mediation is a way to resolve a disagreement with the help of a trained, neutral person called a mediator.  

Mediation is:  

• A conversation to explore options for resolving a dispute.
• A voluntary process.
• Often faster, less expensive, and less stressful than court.
• Private and confidential (with a few exceptions).  

What is a mediator?    

A mediator is someone who is trained to help people communicate with one another to try to resolve a disagreement.  

Mediators:  

• Do not take sides.
• Help you explore ideas and possible solutions.
• Can’t make decisions for you.
• Can’t force you to agree to anything.  

What happens during mediation?  

Mediation looks different depending on who your mediator is and the type of disagreement. In general, the process works like this:  

• Meet with mediator: You and the other person involved meet with the mediator in person, online, or over the phone. Mediation may happen in one meeting or over several meetings.
• Mediator guides the conversation: They may help you come up with ideas and options to solve the disagreement.
• Lawyers can be involved: Lawyers may or may not participate in mediation. It depends on the mediator and the type of disagreement.
• If you reach an agreement: The mediator or your lawyer will help put the agreement into writing.
• If you don’t agree: You can keep talking on your own. If there is a court case, you will go to trial, and a judge will decide the issues you didn't agree on.

How much does mediation cost?  

The cost for mediation varies widely. The cost depends on:  

• The mediator's experience and training.   
• The number of mediation sessions you need.
• The level of complication of your case.
• Other factors, like your location or case type.  

Generally, you can expect different cost ranges for the three main types of civil mediators:  

1. Private mediators: Include lawyers, retired judges, or individuals with expertise in a specific type of dispute. Private mediators usually charge hourly. You may pay several thousand dollars or more.
2. Community mediation centers: Some counties have community non-profits that provide mediation services in the local community. These services may be free or low-cost.
3. Court-provided mediators: These services are usually free, but they aren’t available at every court, and they may be limited to certain disputes, such as landlord-tenant, small claims cases, or family disputes.   

How to find a mediator  

In Oregon, anyone can call themselves a mediator. Private mediators do not have to complete specific training or hold a license, so be cautious when choosing a mediator.  

You can find mediators using these resources:  

• Ask your local circuit court: Many courts have mediation programs, especially for family matters. Some courts have mediation programs for debt collection and housing issues. Contact your local circuit court to learn what’s available.
• Use an online directory:
  • Resolution Oregon can help you find a community resolution center mediator. Resolution Centers offer free to low-cost mediation services to people who live or work in the communities they serve.
  • Mediate.Info can help you find mediators from across the United States and Canada who have paid to be listed in Mediate.Info’s directory.
  • Oregon Mediation Association can help you find Oregon mediators who have paid to be listed in the Oregon Mediation Association’s directory.
• Talk to your lawyer: If you have a lawyer, they can usually recommend a private mediator.  

Before hiring a mediator, ask if they have specialized training, education, or experience to mediate the topics involved in your disagreement.  

How to prepare for mediation?  

Here are some things you can do to prepare for mediation:  

• Research the law: Try to learn about relevant laws and your legal rights so you can make informed decisions during mediation.
• Talk to a lawyer: Meet with a lawyer (if you can afford one). A lawyer can help you understand the laws that apply and what a fair outcome might be in your case.
• Write down:
  • Topics you would like to discuss during mediation.
  • Ideas of potential solutions to the disagreement.
• Gather documents: Gather and bring any information you will need to make decisions during mediation. Documents might include financial records, receipts, medical records, bills, etc. It depends on the issue you’re mediating.  

Is mediation legally binding?  

If you reach an agreement during mediation, the agreement might or might not be legally binding. Legally binding means you must do what an agreement says or there can be legal consequences.  

Ask your mediator or your lawyer when the agreement goes into effect, and whether there might be consequences if you don’t do what you agreed to do. 

Additional FAQs