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What to expect at business mediation

On Behalf of | May 28, 2024 | Mediation & Arbitration

When you decide to mediate a business dispute in Kentucky, preparation is important. But no matter how prepared you are, if you have never attended mediation before, you probably still want to know what to expect.

While mediation is less formal than a courtroom proceeding, it is still a professional setting and you are expected to behave as such. Act polite and respectful to everyone involved, including the mediator, the other party and anyone else involved in the mediation.


Every mediator has slightly different methods, but generally mediation begins with the mediator introducing themselves, talking a little about their background and explaining the procedure the mediation will follow.

The mediator may then ask some general questions to each side about their business and the dispute at issue. There could be some discussion about the issue to make sure everyone is on the same page about the reason they are there.

The mediation then usually officially starts with one party explaining their side of the dispute and presenting their arguments and evidence. The mediator might stop to ask questions at times.

Once the first party has presented their arguments, it is the other side’s turn to present their arguments and evidence. Again, the mediator may ask questions.

The mediator’s role

After that, the mediator attempts to facilitate discussion between the parties. They can offer suggestions for resolution or try to help the parties understand each other’s sides.

While a mediator cannot order an outcome or take sides, they can point out if they feel one side is being unreasonable or unfair. However, you should never feel bullied by a mediator.

Mediation is typically scheduled for a specific time, such as one to two hours. The idea is that if you have not reached an agreement by then, you likely won’t.

Sometimes more mediations are scheduled. If you do not resolve the dispute during your first mediation session, you can agree to hold another mediation session shortly thereafter after everyone has had a chance to think things through.