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How Mediation Works: The Process

Mediation usually follows a simple arc: the mediator's opening, each side shares their view, joint and private discussions (caucuses), negotiation, and — if the parties agree — a written settlement. It's voluntary, so anyone can end it, and what's said stays confidential.

By Find Local Law Editorial Team · Last reviewed: May 24, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

Mediation is less formal than court, and knowing the basic flow takes the mystery out of it.

The typical steps

  1. The mediator’s opening. The mediator introduces the process, confirms it’s voluntary and confidential, and sets ground rules.
  2. Each side shares their view. In a joint session, each party explains the dispute and what they’re hoping to achieve.
  3. Joint and private sessions (caucuses). The mediator guides the conversation and often meets privately with each side so people can speak candidly about what they really need.
  4. Negotiation. With the mediator’s help, the parties trade proposals and look for terms everyone can live with.
  5. Written settlement. If the parties reach a deal, the terms are written down and signed — which can become a binding, enforceable agreement.

How long and how much

Many disputes settle in a single session of a few hours; complex cases may take several. Private mediators charge by the hour or day (often split between the parties), while court ADR programs and court-provided child custody mediation are low-cost or free.

Do you need a lawyer?

You don’t have to have one, but many people consult an attorney to advise them and review any settlement before signing. New to all this? Start with what is mediation and mediation vs. arbitration. To get matched with a local attorney or mediator, connect with a lawyer.

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Frequently asked questions

What happens in a mediation session?
The mediator explains the ground rules, each side describes the dispute, and the mediator guides discussion — often meeting with each side privately (caucuses) — to find common ground. If the parties agree, the terms are put in a written settlement.
How long does mediation take?
Many disputes resolve in a single session of a few hours; complex matters may take several sessions. It's still far faster than litigating to trial.
What does mediation cost?
Private mediators charge an hourly or daily fee, often split between the parties. Court ADR programs and court-provided child custody mediation are low-cost or free.
Do I need a lawyer for mediation?
You're not required to have one, but many people bring or consult an attorney — especially for higher-stakes disputes — to advise them and review any settlement before they sign.

Sources

Related guides

  • Child Custody Mediation in California When California parents can't agree on custody or visitation, the court sends them to mediation before the hearing (Family Code §3170). Each court provides it through Family Court Services, it's confidential, and in some counties the mediator may also make a recommendation to the judge.
  • Is Mediation Confidential in California? Yes. Under California Evidence Code §1119, almost nothing said or written for a mediation is admissible as evidence or subject to discovery, and participants can't be forced to disclose it — subject to narrow exceptions. Attorneys must even give clients a written confidentiality disclosure before mediating (§1129).
  • Mediation vs. Arbitration in California In mediation, a neutral helps you and the other side reach your own agreement and nothing is imposed. In arbitration, a neutral arbitrator hears both sides and decides the outcome — and private arbitration is usually binding under the California Arbitration Act (Code of Civil Procedure §1280 et seq.).
  • What Is Mediation? Mediation is a voluntary, confidential process in which a neutral mediator helps people in a dispute reach their own agreement. The mediator doesn't decide the outcome — the parties stay in control — which usually makes it faster, cheaper, and more private than court.

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