What a One-Day Mediation Actually Looks Like in Maine

Most people have never been to a mediation, so they picture a conference room, a stern neutral, and both sides arguing across a table. That's not how I run one. Here's what a day with me as the mediator looks like, start to finish.

Before the day

Once I've confirmed I have no conflict with either side, each party sends me a short confidential summary: what the dispute is, what they want, and what's already been offered. Those summaries stay with me. I read them the night before, so we don't spend the morning catching me up.

The opening

We start together for a few minutes. Everyone hears the same ground rules and the same plain description of the problem. Then most cases move to separate rooms. People negotiate better when they're not performing for the other side.

The work

I go back and forth. In each room I test the position against three things: what a judge would likely do, what the fight will cost, and what the person actually needs as opposed to what they're asking for. I say the hard things in private, so nobody has to lose face in front of the other side. I don't tell anyone who's right. That's the whole point. I tell each side how I think it would go.

The agreement

When the terms come together, they get written and signed before anyone leaves. In a case that's already in court, that document goes to the judge. In a private dispute, it becomes the contract. A deal people sign at 4 p.m. and sleep on tends to hold; a deal they agree to in principle and plan to paper next week tends not to.

If it doesn't settle

Nobody is worse off. Settlement talks are protected under Maine's evidence rules, I have a privilege as the mediator not to testify about what was said, and a second session sometimes finishes what the first one started.

What it costs

I bill mediation hourly, and the parties usually split the fee. A full day is a fraction of what a contested hearing costs, and both sides leave with a decision they made.

I mediate divorce and parenting matters, estate and trust disputes, home construction fights, and business and contract disputes, in Brunswick or by video. This post is general information, not legal advice. Details and the questions I get most are on the Mediation page, or call (207) 373-9302.